Ex Parte Duncan et al - Page 2



            Appeal No. 2004-0008                                                                       
            Application No. 09/547,627                                                                 

                        applying a model to the inquiry information to                                 
                  determine a priority value for each inquiry, the model                               
                  estimating the probability of an outcome of an inbound                               
                  inquiry having a predetermined result; and                                           
                        ordering the inbound inquiries with the priority                               
                  values.                                                                              
                  The following references are relied on by the examiner:                              
            Jolissaint                    5,040,208            Aug. 13, 1991                           
            Rogers et al. (Rogers)        5,946,386            Aug. 31, 1999                           
            Gisby                         6,002,760            Dec. 14, 1999                           
            Walker et al. (Walker)        6,088,444            Jul. 11, 2000                           
                  (filed Apr. 11, 1997)                                                                
                  Claims 1, 3 through 35, 37 through 44 and 46 stand rejected                          
            under 35 U.S.C. § 102(e) as being anticipated by Walker.  The                              
            remaining claims on appeal stand rejected under 35 U.S.C. § 103.                           
            As evidence of obviousness as to claims 2, 36, 45 and 47, the                              
            examiner relies upon Walker in view of Rogers.  As to claims                               
            48 and 49, the examiner relies upon Walker in view of Gisby and,                           
            as to claim 50, the examiner adds Jolissaint to Walker.1                                   
                  Rather than repeat the positions of the appellants and the                           
            examiner, reference is made to the brief, reply brief and                                  
            supplemental reply brief for appellants’ positions, and to the                             
            answer for the examiner’s positions.                                                       

                  1As noted at pages 3 and 12 of the answer, the examiner has                          
            withdrawn a rejection of claim 1 under the second paragraph of                             
            35 U.S.C. § 112.                                                                           
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