Ex Parte MCCALDEN et al - Page 6



          Appeal No. 2004-0044                                                        
          Application No. 09/375,214                                                  
               After reviewing Honarvar, we agree with Appellants’                    
          assertion that the claimed feedback mechanism is absent in the              
          reference.  Honarvar relates to a decision management system for            
          creating strategies to control movement of clients across                   
          different client categories (col. 1, lines 25-31).  What the                
          Examiner characterizes as the claimed feedback mechanism in                 
          Honarver (answer, page 4), is actually a description of the                 
          representation of client categories in a matrix format (col. 16,            
          lines 40-55) or the movement of the clients across categories               
          (col. 17, lines 1-20).  Furthermore, contrary to the Examiner’s             
          position (answer, page 6), storing the client observation points            
          (col. 11, lines 20-25), actually relates to the history of the              
          client category when the previous decision was made, not a                  
          feedback mechanism.                                                         
               Taricani, on the other hand, relates to a database system              
          for identifying the interstate sales transactions on which a                
          taxpayer did not pay the sales tax (abstract).  Therefore, the              
          database of Taricani is arranged according to untaxed sales                 
          transactions although the taxpayer and the related information              
          are also included in data fields.  Although the reference                   
          mentions categories of sales (col. 9, lines 20-30), they relate             
          to the agencies that collect the tax for that particular purchase           
          category (col 9, lines 30-33).  Therefore, we agree with                    
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