Ex Parte ZOMPA et al - Page 6



                    Appeal No. 2004-1421                                                                                                                                  
                    Application No. 09/471,674                                                                                                                            

                    available to the given member from said given travel service                                                                                          
                    provider.                                                                                                                                             

                    By contrast, Flake, the examiner's primary reference,                                                                                                 
                    teaches a centralized system and infrastructure (Figure 1)                                                                                            
                    wherein a travel agency (12) functions as a central hub,                                                                                              
                    receiving a travel request from a customer (16), evaluating that                                                                                      
                    request based on stored data relating to a business entity                                                                                            
                    profile (18) and an individual customer profile (20),                                                                                                 
                    communicating with one or more travel service providers (14),                                                                                         
                    receiving data from the various travel service providers                                                                                              
                    consulted, and subsequently making proposed travel arrangements                                                                                       
                    and then communicating such arrangements to the customer.  As                                                                                         
                    noted by appellants on page 4 of the reply brief, the Flake                                                                                           
                    patent does not teach or suggest an interaction over a second                                                                                         
                    transmission means or data link in which the customer receives a                                                                                      
                    travel preparation message directly from the computer of a                                                                                            
                    service provider (14).  Thus, the centralized system of Flake                                                                                         
                    differs markedly from the distributed system required in claims 5                                                                                     
                    and 10 on appeal.  Moreover, the examiner has provided no                                                                                             
                    explanation as to how or why the system in Flake can in any way                                                                                       
                    be considered to be an equivalent of the distributed system                                                                                           
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