Appeal No. 2005-0823
Application No. 10/300,895 Page 30
processing (e.g., daily reporting), and any reporting sooner than
a week, the reporting period ARC required up until a few months
ago, would be an improvement on the then-current system.”
From our review of Brice, we agree with the Declarant that
Brice is directed to a real-time, back-end accounting system, and
that the patent is assigned to Travelocity. We note that the
patent appears silent as to when reporting to the airlines or ARC
takes place. Although the Declaration has been considered and
given weight for what it discloses regarding Brice and
appellant's disclosed invention, the Declaration is silent as to
when artisans were aware of the idea of moving from weekly
reporting to a shorter period, such as daily or following day
reporting, as in IATA or Cogswell.
We turn next to a second Declaration of Mr. William Z.
Goldstein under 37 CFR § 1.132, filed on October 16, 2003. The
Declaration declares and states that between July and September
of 2002, the Declarant met with representatives of several of the
ARC-owned airlines, and that prior to meeting with Mr. Goldstein,
each of the representatives executed a "Non-disclosure" or
"Confidentially" Agreement. During the meetings, Mr Goldstein
"described aspects of the invention as disclosed and claimed in
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