Ex Parte Goldstein - Page 43



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                             Page 43              


            was worried that they would move to daily reporting, but so far                            
            IAR is sticking to the weekly reporting model.  While the agents                           
            may have been apprehensive about IAR moving to daily reporting,                            
            we would not characterize their comments as a statement that the                           
            change from weekly reporting was “bad.”  For these same reasons,                           
            we do not agree with appellant that Cogswell teaches away from                             
            IATA.                                                                                      
                  We are not persuaded by appellant's assertion (reply brief,                          
            page 6) that "the IATA article does not say a change to daily                              
            reporting is imminent."  The issue is not whether a change to                              
            daily reporting was imminent, but rather whether an artisan would                          
            have considered a move to daily or next day reporting to have                              
            been obvious, irrespective of when it was to be implemented.                               
                  Nor are we persuaded by appellant's assertion (reply brief,                          
            page 7) that the examiner is inappropriately picking and choosing                          
            interesting snippets from IATA to support the rejection.  From                             
            our analysis, supra, we find that considering IATA as a whole,                             
            the reference suggests the obviousness of moving to daily or next                          
            day reporting.  With regard to appellant's assertion (reply                                
            brief, page 9) that Brice is not relevant to daily ticket                                  
            reporting, we agree with appellant that Brice does not appear to                           






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