Ex Parte PAPIERNIAK et al - Page 9




          Appeal No. 2002-1844                                                         
          Application 08/975,428                                                       

          advertisement, the identity of the viewer, the time of viewing,              
          the time of purchase, etc. (EA21).  The examiner states (EA21):              
               When this information is retrieved in Hyodo, it must be                 
               parsed, categorized, indexed, and formatted into the proper             
               form for the subsequent analysis by Hyodo.  This is inherent            
               in any type of comparison and analysis.  Without such                   
               pre-processing of the data, it would be impossible to                   
               ascertain which part of the data from one source should be              
               compared with which data from the other source.  Therefore,             
               the Examiner considers Hyodo's disclosure of retrieving and             
               analyzing the data from these two sources as rendering it               
               inherent that the data is being parsed, categorized,                    
               indexed, and formatted.                                                 
          Thus, the examiner reads the "data elements obtained in said                 
          step (b)" on the information collected in the online access log              
          and the telephone service access log which is retrieved during               
          analysis.  We note that the examiner's reasoning switches from               
          the obviousness of modifying Hyodo based on Official Notice that             
          "parsing, categorizing, indexing, and formatting the data                    
          elements" were well known to finding that "parsing, categorizing,            
          indexing, and formatting the data elements" are inherent.                    
               Appellants argue there is no reason why the web and phone               
          access logs in Hyodo would need to be parsed, categorized,                   
          indexed, and formatted before being stored because Hyodo merely              
          counts the number of accesses and phone calls and divides one by             
          the other (Br13).  It is argued that there is no teaching of                 
          storing data from two data sources into one database (Br14).                 
               We are not persuaded that "parsing, categorizing, indexing,             
          and formatting the data elements" in Hyodo would have been                   

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