Ex Parte Parks et al - Page 7



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

          Puram at column 2, lines 49-50 and 59-66, and column 3, lines 25-           
          39.  However, our review of these portions of Puram does not find           
          such a teaching.  While these portions of Puram describe                    
          interfaces that are accessible to users through the internet                
          browser, there is no indication that users submit a request to              
          contracted suppliers “by e-mail.”  Moreover, the cited portions             
          of Puram fails to describe any notification to the supplier that            
          a new request has been entered for the supplier to review.                  
          Rather, Puram appears merely to compare and match skills input by           
          candidates with skills desired by a user and that the operations            
          may be performed via the internet.                                          
               It may very well be that, in view of the disclosure of                 
          Puram, and of the similarity between Puram and the instant                  
          claimed invention, that it would have been obvious for the user             
          to submit a request for a skilled candidate directly to a                   
          supplier via e-mail, rather than match candidates having certain            
          desired skills with a database of candidates via the internet.              
          However, the rejection before us is one of anticipation under               
          35 U.S.C. § 102(e), and not one of obviousness under 35 U.S.C.              
          § 103.  As such, we cannot sustain the rejection of claims 1-7              
          under 35 U.S.C. § 102(e) because the examiner has not shown that            
          the four corners of the Puram document describe every element of            
                                         -7–                                          




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