Appeal No. 2006-2376
Application No. 09/877,612
set is then used to create one machine readable electronic file having a customer specified
file format. Independent claims 6, 12 and 18 contain similar limitations.
We do not find that the combination of King and Jebens teaches these features.
We find that King teaches a system where there are multiple catalogs, one master catalog
is used to create other private and public catalogs. Column 3, lines 40 through 51. King
does not teach that these other catalogs are created by customer searches. However,
while King does teach that the catalogs are searchable by customers (see column 5, lines
42 through 46), King does not teach that the results of the search are provided in a
customer specified format or that they are aggregated into one computer readable
electronic file. We find that Jebens teaches a system which allows searching of an image
database to be performed. See column 2, lines 15 through 31. Jebens teaches that the
format of the data returned from the search is user defined. See column 13, lines 27
through 31. However, we do not find that Jebens teaches that the data returned is
aggregated into one computer readable electronic file. Rather, we find that one skilled in
the art would understand that Jebens teaches the data retuned is in the form of multiple
files. See for example discussion in column 13, lines 9 through 16, of files identified by
the search being downloaded. As we do not find that the combination of King and Jebens
teaches all of the limitations of independent claims 1, 6, 12 and 18 we will not sustain the
examiner’s rejection of claims 1, 4, 6, 9, 11 through 13, and 18 under 35 U.S.C. § 103 as
being unpatentable over King in view of Jebens.
The examiner’s rejections of claims 5, 10, 14 through 17, 19, 21 and 22 rely
upon the teachings of King and Jebens to teach the limitations of the independent claims
and further rely upon the teachings of Waldin and Pachauri as teaching the limitations of
the dependent claims. The examiner has not asserted nor do we find that either Waldin or
Pachauri teach or suggest that a search is performed, the results of the search are used to
create a data set (sub-catalog), and this data set is then used to create one machine
readable electronic file having a customer specified file format. Accordingly, we will not
sustain the examiner’s rejections of claims 5, 10, 14 through 17, 19, 21 and 22 under 35
U.S.C. § 103.
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