Appeal No. 2004-1224
Application No. 09/532,379
color code illustrates the progress for each final critical
design, manufacturing and performance characteristic over
previous designations. Therefore we determine that one of
ordinary skill in this art would have been apprised of the scope
of this contested language in claims 14 and 15 on appeal.
For the foregoing reasons and those stated in the Brief and
Reply Brief, we determine that one of ordinary skill in this art
would have been readily apprised of the scope of the contested
claim language. Therefore we reverse the examiner’s rejection of
claims 1, 11, 14 and 15 under 35 U.S.C. § 112, second paragraph.
B. The Rejection under § 103(a)
We limit our remarks to independent claim 1 on appeal but
these remarks equally apply to independent claims 11, 14, 18 and
22.
The examiner finds that steps A and B of claim 1 on appeal
(gathering internal and external organizational data) are
disclosed by “total quality control” at page 2226 of Salvendy,
along with “internal and external customers” at Figure 85.6. The
examiner notes that the discussion of “total quality control” at
pages 2226-27 of Salvendy must be considered “in the context” of
Salvendy Section IVG Quality Assurance pages 2219-2397 (Answer,
page 8). The examiner has not explained how the general remarks
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