Ex Parte KISACANIN - Page 6



          Appeal No. 2004-1827                                       Page 6           
          Application No. 09/467,396                                                  

          Appellants assert (id.) that Kohl “does not teach or suggest                
          electronically providing a customer compatible executable that is           
          compiled from pre-existing source code that includes inserted               
          customer specific message provided by a customer in a customer              
          specification.”                                                             
               The examiner responds (answer, page 8) by acknowledging that           
          Kohl “does not use the word ‘source code’ [, or] ‘message’,” but            
          reiterates his position that it would have been obvious to one of           
          ordinary skill in the art to extend Kohl to disclose that source            
          code may includes “customer specific messages provided by a                 
          customer in a customer specification.”                                      
               In reply, appellant asserts (reply brief, page 3) that the             
          examiner has cited no prior art reference to support his                    
          assertion that the appellants system would have been obvious in             
          view of Kohl, when combined with the knowledge generally                    
          available to one of ordinary skill in the art.                              
               From our review of Kohl, we find that Kohl teaches a system            
          “that allows end users to create applications on the Web” (col.             
          4, lines 54-55).  The system contains an application development            
          environment on the web, along with “an interpretive server and              
          proprietary databases” (col. 4, lines 56-58).  The “proprietary             
          databases are used to store information pertaining to                       





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