Appeal No. 2002-0828
Application No. 09/475,126
Rejections at Issue
Claims 1-6, 8-13, 15-20, 22-27, 29 and 36 stand rejected
under 35 U.S.C. § 102 as being anticipated by Travelsavers.1
Claims 7, 14, 21, 28, 30-35 and 37-42 stand rejected under
35 U.S.C. § 103 as being unpatentable over Travelsavers in view
of Smithies.
Throughout our opinion, we will make reference to the
briefs2 and the answer.
OPINION
With full consideration being given the subject matter on
appeal, the Examiner's rejections and the arguments of Appellant
and the Examiner, for the reasons stated infra, we reverse the
Examiner's rejection of claims 1-6, 8-13, 15-20, 22-27, 29 and 36
under 35 U.S.C. § 102 and we reverse the Examiner's rejection of
claims 7, 14, 21, 28, 30-35 and 37-42 under 35 U.S.C. § 103.
1 Travelsavers is a multi-million dollar chain of
independent travel agencies operating as a business in the United
States and Mexico as well as over 9,000 worldwide affiliates.
The Examiner has used Rice and SanFilippo and the Travelsavers'
web page to establish how and when this business operates.
2 Appellant filed an appeal brief on June 18, 2001.
Appellant filed a reply brief on January 7, 2002. The Examiner
mailed an Office communication on January 18, 2002 stating that
the reply brief has been entered.
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