Ex Parte Parks et al - Page 3



          Appeal No. 2004-0344                                                        
          Application No. 09/759,016                                                  

               Claims 1-7 stand further rejected under 35 U.S.C. § 102(e)             
          as anticipated by Puram.                                                    
               Reference is made to the brief and answer for the respective           
          positions of appellants and the examiner.                                   
                                       OPINION                                        
               With regard to the rejection under 35 U.S.C. § 101, it is              
          the examiner’s position that the instant claimed invention fails            
          to produce a “useful, concrete and tangible result” and, thus,              
          has no practical application.  In particular, the examiner                  
          alleges that the invention is not “useful” since the asserted               
          utility is not accomplished; it is not “tangible” because it is             
          no more than a manipulation of an abstract idea; and it is not              
          “concrete” because the result cannot be assured.                            
               We disagree.                                                           
               The claimed invention is certainly useful in matching the              
          skills wanted by a user with the skills of technicians employed             
          by a supplier.  The invention clearly has a tangible result                 
          because the user is given a choice of candidates from the                   
          supplier from which to choose.  The invention produces a concrete           
          result because a list, or choice, of candidates is provided to              
          the user.  Of course, the specific result will vary with the user           
          because each user may be looking for different skills in a                  
                                         -3–                                          




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