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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007