Appeal No. 2005-0823
Application No. 10/300,895 Page 51
rejection of claims 9 and 45 under 35 U.S.C. § 103(a) is
reversed.
We turn next to claim 10. The claim recites that the
penalty is in the form of an airline imposed fee. From the
disclosure of IAH that the agent should "verify that all
exchanges and refund transactions have penalty information, as
applicable" we find that the penalty fee is imposed by the
airline. Accordingly, the rejection of claim 10, and claim 46
which falls with claim 10, under 35 U.S.C. § 103(a) is affirmed.
We turn next to claims 66, 74, 82, 90, 106, 114, and 122
(Group 9). Appellant presents a single argument for the group.
Accordingly, we select claim 66 as representative of the group.
The examiner's position (answer, page 6) is that this feature is
disclosed by ARC, and refers us to page 1, paragraph 6.
Appellant asserts (brief, page 22) that “[p]aragraph 6 states
only that information is transferred ‘each time an agent sells a
ticket,’ but does not indicate when that transfer occurs.
Appendix J, ¶6. To the contrary, the Cogswell article several
times discloses only that reporting occurs weekly, and not even
daily (id.), let alone ‘along with’ the issuance of a ticket as
claimed.”
We note at the outset that the language of claim 66 that the
reporting is done electronically along with the issuance of the
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