Ex Parte Le et al - Page 3



            Appeal No. 2004-2271                                                                      
            Application No. 09/731,650                                                                

                  an input storing function for storing user-input data in the                        
            rows of user input fields into hidden fields responsive to                                
            operation of said “NEXT” button such that a user may store an                             
            unlimited quantity of user input data and continue indefinitely                           
            to enter an unlimited amount of additional input data reusing the                         
            same set of rows of fields until the user indicates all data has                          
            been entered.                                                                             
                                             References                                               
                  The references relied on by the Examiner are as follows:                            
                  Block et al. (Block)  US 2003/0050976 A1             March 13, 2003                 
                  (Filed September 20, 2002 as a continuation of application                          
                  No. 09/546,000 filed on April 10, 2000)                                             
                                    Rejections At Issue                                               
                  Claims 1-15 stand rejected under 35 U.S.C. § 102 as being                           
            anticipated by or, in the alternative, under 35 U.S.C. § 103 as                           
            being obvious over Block.1                                                                




            1 We treat this rejection as solely a rejection under 35 U.S.C.                           
            § 102 as we are uncertain which claims the Examiner intends to                            
            reject under 35 U.S.C. § 103.  The Examiner has used form                                 
            paragraph 7.27 which is NOT intended to be commonly used as a                             
            substitute for a rejection under 35 U.S.C. § 102.  In other                               
            words, whenever possible a single rejection should be made under                          
            either 35 U.S.C. § 102 or 35 U.S.C. § 103(a) using appropriate                            
            form paragraphs 7.15 to 7.19, 7.21 and 7.22.  The MPEP permits an                         
            alternative rejection to be made only in a few limited situations                         
            where claim scope is at issue.  That is not the situation before                          
            us.  Examples of circumstances where this paragraph may be                                
            properly used are found in the Examiner Notes accompanying form                           
            paragraph 7.27 in the MPEP.                                                               
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