Appeal No. 2006-2039 Παγε 5
Application No. 09/520,763
would have been within the level of ordinary skill in the art to
modify the method of Moran by adopting the teachings of
McGovern et al. and The VIP Forum to obtain a cost-efficient
way of providing referrals to various professionals and
specialists. [answer at page 5].
We will not sustain this rejection. We agree with the appellants that none of the
references cited discloses the steps of determining the frequency of need of the
services. In addition, we agree with the appellants that none of the references cited
discloses assigning services to a core, affiliated and non-affiliated group based on the
above determinations as required by claims 58 and 66 from which the remaining claims
rejected by Moran, McGovern and VP Forum depend.
We will likewise not sustain the rejection of claims 65 and 73, which are
dependent on claims 58 and 66 respectively, under 35 U.S.C. § 103 as being
unpatentable over Moran, McGovern, VP Forum and further in view of Upbin as we
have reviewed the disclosure of Upbin and determined that it does not cure the
deficiencies noted above for Moran, McGovern and VP Forum.
In summary, we have not sustained the examiner's rejection of claims 58
to 75.
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