Ex Parte Kelley et al - Page 3


                   Appeal 2006-3163                                                                                                     
                   Application 09/747,661                                                                                               

                                   analyzing the client data with the productivity analysis                                             
                           system; and                                                                                                  
                                   providing a productivity analysis report to a client via the                                         
                           network, the productivity analysis report allowing the client to                                             
                           evaluate medical resource productivity at the medical facility.                                              

                                                      THE REFERENCES                                                                    

                   Crane                           US 5,748,907                            May   5, 1998                                
                   Wong                                    US 6,260,021 B1                        Jul.  10, 2001                        
                   (filed Jun. 12, 1998)                                                                                                
                   Kenner                                  US 6,314,565 B1                        Nov.  6, 2001                         
                   (filed Apr. 30, 1998)                                                                                                
                   Powers                                  US 6,604,084 B1                        Aug.  5, 2003                         
                   (filed Jul.   1, 1998)                                                                                               
                                                       THE REJECTIONS                                                                   
                           The claims stand rejected under 35 U.S.C. § 103 as follows: claims  1-                                       
                   4, 7-13, 15, 18-21, 24-26, 28, 31-34 and 36-38 over Crane in view of Powers                                          
                   and Wong, claims 5, 6, 14, 16 and 17 over Crane in view of Powers and                                                
                   Kenner, claims  22, 23, 29, 30, 35 and 39-53 over Crane in view of Powers,                                           
                   Kenner and Wong, and claim 27 over Crane in view of Powers.                                                          

                                                             OPINION                                                                    
                           We affirm the aforementioned rejections.                                                                     
                           Crane discloses an interactive electronic real-time system for                                               
                   controlling the business management, employees and patients of medical                                               
                   facilities and businesses in a more efficient and cost saving manner                                                 
                   compared to the past under similar conditions (col. 1, ll. 10-17, 25-27; col. 5,                                     

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