Appeal No. 2006-1342
Application No. 09/488,471
even if the proposed combination was somehow made, it would still not result in the instant
claimed subject matter as a whole and the examiner has not convinced us otherwise.
We also note that in response to appellant’s argument (principal brief-page 16), the
claimed system is “automatic.” The examiner’s response (answer-page 16) was that this
argument “does not relate to the claimed subject matter.” However, it is clearly recited in the
independent claims (e.g., claim 1, line 22), that updated cumulative business satisfaction ratings
from users’ surveys “automatically cause the off-line ranking system to re-index the rating
data....” Accordingly, the examiner’s response is not well taken.
Since APA does not supply the deficiencies as noted supra, we also will not sustain the
rejection of claims 3-5, 11-13, 19-21, and 27-29 under 35 U.S.C. §103.
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