Ex Parte Goldstein - Page 3



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                              Page 3              



            “IATA to Fuse Back-Office Functions of 60 BSP Sites,”                                      
            (hereinafter IATA) Inside IT; Aug. 26, 1998.                                               
            “Industry Agents’ Handbook” (hereinafter IAH), Sections 8.6 and                            
            10, 1/2002.                                                                                
                  Claims 64, 72, 80, 88, 96, 104, 112 and 120 stand rejected                           
            under 35 U.S.C. § 112, second paragraph as being indefinite.                               
                  Claims 1-3, 7-12, 14, 15, 19, 20, 37-39, 43-46, 48, 50, 51,                          
            55, 56, 62-66, 70-74, 78-82, 86-90, 94-98, 102-106, 110-114, and                           
            118-122 stand rejected under 35 U.S.C. § 103(a) as being                                   
            unpatentable over Industry Agents Handbook in view of Brice,                               
            IATA, and Cogswell2.                                                                       
                  Rather than reiterate the conflicting viewpoints advanced by                         
            the examiner and appellant regarding the above-noted rejections,                           
            we make reference to the examiner's answer (mailed October 19,                             
            2004) for the examiner's complete reasoning in support of the                              
            rejections, and to appellants' brief (filed September 3, 2004),                            
            the reply brief (filed November 29, 2004), as well as the                                  
                  2 We observe that in the final rejection, claims 66, 74, 82, 90, 98,                 
            106, 114 and 122 were additionally rejected under 35 U.S.C. § 103(a) as being              
            unpatentable over IAH in view of Brice, IATA, Cogswell and "applicant's                    
            disclosure."  In addition, claims 66, 74, 82, 90, 98, 106, 114 and 122 were                
            additionally rejected under 35 U.S.C. § 103(a) as being unpatentable over IAH              
            in view of Brice, IATA and "applicant's disclosure."  As these two rejections              
            have not been repeated in the examiner's answer, we presume that these                     
            rejections have been withdrawn by the examiner.  See Ex parte Emm, 118 USPQ                
            180, 181 (Bd. App. 1957).                                                                  





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