Appeal No. 2004-0354
Application No. 09/240,118
Thus, one must ask why a skilled artisan would have been led to
combine the references in such a manner as to provide for
integrating performance data associated with references
(hyperlinks) to files in Barrick and to so integrate the
performance data “prior to” selection of one of the references.
The simple answer, in our view, is that the artisan would not
have been led to do so from the combined teachings of Barrick and
Luzzi.
Accordingly, we will not sustain the rejection of claims 1-
3, 6-17 and 19-21 under 35 U.S.C. § 103. Since the other
references to Matthews and Habusha, added for the rejection of
claim 4 and claims 5 and 18, respectively, do not provide for the
deficiencies of Barrick and Luzzi, we also will not sustain the
rejection of claims 4, 5 and 18 under 35 U.S.C. § 103.
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