Ex Parte THOMAS - Page 4




          Appeal No. 2003-0238                                                        
          Application No. 08/886,349                                                  


               Appellant first argues (Brief, pages 4-5 and 16, and Reply             
          Brief, page 3) that claims 49 through 51 recite means plus                  
          function elements, with structure described in the specification,           
          which the examiner has ignored.  However, appellant fails to                
          specifically point out what elements have been ignored and what             
          structure in the specification corresponds thereto.  Therefore,             
          we are not persuaded of any error as to claims 49 through 51.               
               Next appellant contends (Brief, pages 5-7, and Reply Brief,            
          page 3) that, as to all of the claims, the examiner has provided            
          no evidence that would suggest combining the two references other           
          than hindsight gleaned from appellant's specification.  However,            
          as Greenfield Online does not explain how registered participants           
          are notified for private research studies, it would have been               
          obvious to the skilled artisan to select a known method for                 
          notifying them.  Dacko provides methods of accomplishing                    
          notification, specifically e-mailing the surveys (to the                    
          registered e-mail addresses) or e-mailing (to the registered e-             
          mail addresses) notification to access a particular (Internet)              
          address that contains the survey.  Thus, the motivation for                 
          combining is in the references themselves and not from a                    
          hindsight analysis.                                                         


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