Appeal No. 2006-0277
Application No. 10/234,305
suggest posting restaurant information on an Internet website.
However, as the examiner explains, CyberDiner’s apparatus is
“capable” of performing this function as it posts other information
on the Internet. Note, since the apparatus in CyberDiner clearly
“provides full Internet access” (paragraph 2), then it is capable
of reaching any Internet website, including websites wherein
posting is permitted. The posting of “restaurant information” does
not patentably distinguish over the posting of any other type of
information on the Internet via the CyberDiner apparatus.
The examiner’s decision rejecting claims 1 and 3-7 under 35
U.S.C. §103 is affirmed.
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