Appeal No. 2006-1342
Application No. 09/488,471
The examiner relies on the following references:
Peters et al. (Peters) 5,893,098 Apr. 6, 1999
BizRatecom, Making the Web a Safer, Better Place to Shop!
Http://web.archive.org/web/19981205082910/http://bizrate.com/
copyright 1997, 1998 Binary Company Enterprises, pages 1-29
In addition, the examiner relies on admitted prior art [APA] at pages 1-3 of the instant
specification.
Claims 1, 9, 17, and 25, all of the independent claims, stand rejected under 35 U.S.C.
§112, first paragraph, as relying on an inadequate written description.
Claims 1-32 stand rejected under 35 U.S.C. §103. As evidence of obviousness, the
examiner offers BizRate and Peters with regard to claims 1, 2, 6-10, 14-18, 22-26, and 30-32,
adding APA with regard to claims 3-5, 11-13, 19-21, and 27-29.
Reference is made to the briefs and answer for the respective positions of appellant and
the examiner.
OPINION
First, it is acknowledged that the decision in Serial No. 09/488,470 (Appeal
No. 2005-2756), decided February 27, 2006, is highly relevant to the instant appeal, because it
has a direct affect and bearing on the Board’s decision in the instant case. The rejections are the
same, the references are the same and the only difference in the claims is in the recitation of “on-
line sources” in application Serial No. 09/488,470 and “off-line sources” in the instant
application.
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