Ex Parte Stinson et al - Page 2



                Appeal No. 2006-1429                                                                              
                Application No. 10/437,995                                                                        
                       1.  A method for presenting custom-labeled surface material                                
                              samples over a computer network, the method comprising:                             
                              in at least one computer database, associating one or more                          
                       surface material samples with a business entity wherein at least one of the surface        
                       material samples is labeled with information specified by the business entity;             
                              receiving a data request for at least one of the surface                            
                       material samples wherein the data request includes an identifier of the business           
                       entity; and                                                                                
                              responding to the data request wherein the response includes at least one           
                       of the surface material samples and associated label information.                          
                                                                                                                 
                                                   Reference                                                      
                       The references relied upon by the examiner are:                                            
                Brockhurst   US2001/0047387  November 29, 2001                                                    
                Eddie Bauer Inc. web pages printed from www.archives.org  Jan. 01, 1996 through Dec.              
                03, 2002.                                                                                         
                                                Rejection at Issue                                                
                       Claims 1, 2, 6 through 13 and 17 through 20 stand rejected under                           
                35 U.S.C. § 102 (e) as being anticipated by the Eddie Bauer web pages.  The examiner’s            
                rejection is set forth on pages 3 through 7 of the answer.  Claims 3 through 5, 14 through        
                16 and 21 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over the Eddie            
                Bauer web pages in view of Brockhurst.  The examiner’s rejection is set forth on pages 7          
                through 9 of the answer.  Throughout the opinion we make reference to the brief, the              
                answer and the final Office action for the respective details thereof.                            

                                                     Opinion                                                      
                       We have carefully considered the subject matter on appeal, the rejections                  
                advanced by the examiner and the evidence of anticipation and obviousness relied upon             
                by the examiner as support for the rejections.  We have, likewise, reviewed and taken             
                into consideration, in reaching our decision, appellants’ arguments set forth in the brief        
                along with the examiner’s rationale in support of the rejections and arguments in rebuttal        
                set forth in the examiner’s answer.                                                               


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