Ex Parte HIRAIWA - Page 10




          Appeal No. 2004-1548                                                        
          Application 09/127,954                                                      

          Group 4: Claims 20 and 21                                                   
               The examiner states that "appellant failed to particularly             
          point how these claims [20 and 21] patentably distinguish over              
          the prior art of record" (EA8) and the arguments amount to a                
          general allegation of patentability.  The examiner also states              
          that "the limitations of claims 20-21 are similar to those of the           
          claims discussed in the rejection" (EA8) and are rejected under             
          the same rationale.                                                         
               Appellant notes where specific features of the claims were             
          argued, but were never addressed by the examiner (RBr5-7).                  
               Based on a review of the record, we agree with appellant               
          that the examiner has not addressed the specific limitations of             
          claims 20 and 21.  Nevertheless, we decline to remand the                   
          application since this would only harm appellant and further                
          delay prosecution.  We have considered the prior art and do not             
          find where it teaches or suggests at least the limitations of "a            
          meta-information unit which: ... requests the information                   
          collection apparatus to issue an information collection request             
          where a change occurs in the information stored in the first                
          table."  This limitation is not similar to anything found in                
          claim 1 and is not found in Matsumoto or Hashimoto.  Therefore,             
          the rejection of claims 20 and 21 is reversed.                              


                                     CONCLUSION                                       

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