Ex Parte 6052673 et al - Page 12



                 Appeal No. 2005-2643                                                                                                            
                 Reexamination Control No. 90/005,842                                                                                            

                         reading the definition and the examples, one of skill would understand that                                             
                         there must be a direct correspondence between the rate of inflation and                                                 
                         the amount by which the variable interest component is adjusted.                                                        
                 Brief at 8.                                                                                                                     
                         The remaining claim construction issues are addressed below in the discussions                                          
                 of the  rejections.                                                                                                             
                         F.  The references                                                                                                      
                         The rejections rely on the following references:                                                                        
                 4,774,663  Musmanno et al. (“Musmanno”)        Sep. 27, 1988                                                                    
                                                                                     (filed Nov. 21, 1983)                                       
                         Santosh Mukherjee and Claire Orlans, Indexation in an Inflationary Economy – A                                          
                 Case Study of Finland, Vol. XL, Broadsheet No. 551, PEP – The Social Science                                                    
                 Institute, April 1975, at 50-73 and 106-11 (“Mukherjee”).6                                                                      
                         Gloria J. Weiner, Choosing a home equity plan,” 84 Restaurant Business 100                                              
                 (Feb. 10, 1985) (“Weiner”).                                                                                                     
                 G.  The grounds of rejection                                                                                                    
                         Claims 1-24 stand rejected under 35 U.S.C. § 103(a) as unpatentable over                                                
                 Mukherjee in view of Musmanno.                                                                                                  


                                                                                                                                                
                         6  A better copy of Mukherjee than is currently of record accompanies this                                              
                 decision.                                                                                                                       






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