Appeal No. 2006-1429
Application No. 10/437,995
color, the users are submitting a request for a page, which includes an identifier of the
business entity. In response to this request, the new page with a depiction of the product
or product of a different color, is presented to the user with the label information. We
note, as the examiner identifies, that claim 1 is not limited to a catalog system where
there is more then one merchant. Accordingly, we find ample evidence to support the
examiner’s finding that Eddie Bauer discloses the device claimed in claim 1 and we
sustain the examiner’s rejection under 35 U.S.C. § 102.
Regarding claims 6 and 7, appellants’ only argument directed to these claims
states:
Regarding claim 6, as discussed above, Eddie Bauer does not teach or
suggest “surface material samples.” Regarding claim 7, Eddie Bauer does
not teach or suggest “associated certain surface material samples” with
certain business entity products.
37 C.F.R. § 41.37 (c)(1)(vii) states: “A statement which merely points out what a claim
recites will not be considered an argument for separate patentability of the claim.”
Accordingly, we do not consider claims 6 and 7 to be argued separately from claim 1 and
group claims 6 and 7 with claim 1. Nonetheless, as discussed with respect to claim 1 we
find that Eddie Bauer does teach surface material samples associated with a business
entity. Accordingly, we sustain the examiner’s rejection of claims 6 and 7 under
35 U.S.C. § 102.
Appellants have presented no arguments directed to claims 8 through 10, 12, 13
and 17 through 20. Accordingly, we sustain the examiner’s rejection of claims 8 through
10, 12, 13 and 17 through 20 for the reasons discussed supra with respect to claim 1.
Rejection of claim 2 under 35 U.S.C. § 102
Appellants argue, on page 6 of the brief, that Eddie Bauer does not teach or
suggest layered responses to data requests according to supply chain layer as is claimed.
Appellants reason:
Eddie Bauer merely teaches conventional user-selected hyperlinks for
different clothing categories. One skilled in the art would not fairly
consider clothing categories in a conventional online clothing catalog such
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