Ex Parte Goldstein - Page 45



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                             Page 45              


            claims recite that the rate of reporting is dependent on ticket                            
            sales volume.  Accordingly, we select claim 2 as representative                            
            of the first group, and select claim 3 as representative of the                            
            second group.  With respect to both claims, it is argued by                                
            appellant that Brice only teaches that system architecture can be                          
            changed based on the volume of tickets or the amount of traffic,                           
            and that Brice says nothing about the reporting rate.  The                                 
            examiner's position (answer, page 4) is that "Brice et al teaches                          
            [that] the processing rate can be modified by the system                                   
            architecture to take system traffic into account to adjust for                             
            reporting rates."  We note at the outset that the examiner's                               
            broad reference to col. 4, line 60 to col. 7, line 35 is not                               
            helpful as it is not very specific as to exactly what portions of                          
            Brice are being relied upon.                                                               
                 From our review of Brice, we find that col. 6, lines 35-40                            
           discuss the scalability of the systems's architecture which allow                           
           the system to be used by both small travel companies that have                              
           lass than 2000 ticket transactions each month, to large global                              
           agencies that have over 100,000 ticket transactions per month,                              
           per database server.  Table 1 contains a general description of                             
           examples of the system architecture configurations based on                                 






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