Ex Parte Hendrickson et al - Page 7




               Appeal No. 2004-1003                                                                                                  
               Application No. 09/728,250                                                                                            

               application of a style sheet to the user data file to transform the user data file into a resume file.                
               Once the template is applied to the user data in Microsoft, it appears that a user cannot change                      
               the resume style and appellants’ observation, that the reason for this is that Microsoft “merges”                     
               formatting data with user data, is accurate.  Accordingly, the instant claimed subject matter of                      
               independent claims 1 and 12 is not taught or suggested by either ResuMaker or Microsoft, or any                       
               combination thereof.                                                                                                  
                       Accordingly, we will not sustain the rejection of claims 1 and 12, or of claims 2-11 and                      
               13-22, dependent thereon, under 35 U.S.C. §103.                                                                       
                       We also will not sustain the rejection of claims 23-33 under 35 U.S.C. §103 because                           
               independent claim 23 also calls for “transforming the file into a resume file by applying the style                   
               sheet corresponding to the user selected resume style to the file.”  Thus, again, it is clear that the                
               style sheet is separate from the user data file and that one is “applied” to the other in order to                    
               produce a resume file.  We do not find this limitation disclosed or suggested by the applied                          
               references.                                                                                                           

                       Independent claims 38 and 44-46 include similar recitations about the creation of a                           
               resume file from the user data, and a separate selected resume style.  Thus, we also will not                         
               sustain the rejection of claims 38-46 under 35 U.S.C. §103.                                                           




                       The examiner’s decision rejecting claims 1-33 and 38-46 under 35 U.S.C. §103 is,                              
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