Ex Parte SULLIVAN et al - Page 15




                    Appeal No. 2004-0199                                                                                                                                  
                    Application No. 09/385,489                                                                                                                            


                    system operator performs this settlement.  Therefore, we fail to                                                                                      
                    find that Jones teaches all the limitations as recited in                                                                                             
                    Appellants' claims 1, 23, 30, 37, 68, 74, 77, 88, 89 and 90.                                                                                          
                    Therefore, we will not sustain the Examiner's rejection of these                                                                                      
                    claims under 35 U.S.C. § 102.                                                                                                                         
                      Rejection of Dependent claims 1, 23, 30, 37, 47, 68, 74, 77, 88,                                                                                    
                                                                           89 and 90                                                                                      
                              For these claims, we note that the Examiner has rejected                                                                                    
                    these dependent claims under 35 U.S.C. § 102 as being anticipated                                                                                     
                    by Jones or under 35 U.S.C. § 103 as being unpatentable over                                                                                          
                    Jones.  We note that these claims recite the above limitation due                                                                                     
                    to their dependencies on their respective independent claims.                                                                                         
                    Therefore, we will not sustain the Examiner's rejection of these                                                                                      
                    claims for the same reasons as above.                                                                                                                 
                                                                           Conclusion                                                                                     
                              In view of the foregoing, we have sustained the Examiner's                                                                                  
                    rejection of claims 33-36 under 35 U.S.C. § 102.  However, we                                                                                         
                    have not sustained the Examiner's rejection of claims 1-17, 19-                                                                                       
                    32, 37-62, 64-82 and 84-94 under 35 U.S.C. § 102.  Finally, we                                                                                        
                    have not sustained the Examiner's rejection of claims 18, 63 and                                                                                      
                    83 under 35 U.S.C. § 103.                                                                                                                             



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