Ex Parte Yoakum - Page 6




           Appeal No. 2006-2574                                                                
           Application No. 10/331,706                                                          

           availability of contacted or to-be-contacted persons and because                    
           of Zmolek’s teaching that this enhanced presence system can be                      
           used in a myriad of differing distributed networks.                                 
                Appellant does not question the combinability of the applied                   
           references, nor does appellant argue many of the features alleged                   
           by the examiner to be taught by the references.  The only                           
           argument presented by appellant with regard to the independent                      
           claims is that these claims recite a “registering” of individual                    
           resources for one or more of the plurality of skill sets and,                       
           contrary to the examiner’s position, this feature is not                            
           “inherent” in Kishinsky.                                                            
                After careful consideration of the evidence before us, we                      
           conclude that the examiner has established a prima facie case of                    
           obviousness that has not been successfully rebutted by appellant.                   
                It is the examiner’s view that “registering” of individual                     
           resources for a plurality of skill sets in “inherently” disclosed                   
           by Kishinsky because a management system determines availability                    
           of an agent by a query to a database, and a placement of a call                     
           to an agent who has the skill set that matches the call request.                    
           The examiner concludes, reasonably in our view, that in order for                   
           the system to know the skill set applicable to a particular                         
           agent, the skills/skill set of each agent must have been                            
           previously “registered.”                                                            



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