Ex Parte Montague - Page 2




              Appeal No. 2004-1339                                                                  Page 2                
              Application No. 09/488,079                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates to product labeling and, more particularly, to                     
              novel systems and methods for providing electronic feedback and user information by                         
              registration with vendors of products (specification, p. 1).  A copy of the claims under                    
              appeal is set forth in the appendix to the appellant's brief.                                               


                     The prior art reference of record relied upon by the examiner in rejecting the                       
              appealed claims is:                                                                                         
              Dlugos, Sr. et al. (Dlugos)                5,153,842                    Oct. 6, 1992                        


                     Claims 1, 2, 5 to 12, 15 to 19, 22 and 24 to 28 stand rejected under 35 U.S.C.                       
              § 102(b) as being anticipated by Dlugos.                                                                    


                     Claims 3, 4, 13, 14, 20, 21 and 23 stand rejected under 35 U.S.C. § 103 as                           
              being unpatentable over Dlugos.                                                                             


                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              the appellant regarding the above-noted rejections, we make reference to the answer                         
              (Paper No. 36, mailed January 14, 2004) for the examiner's complete reasoning in                            
              support of the rejections, and to the brief (Paper No. 33, filed October 27, 2003) and                      








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