Ex Parte Agostini et al - Page 6

                Appeal 2006-3430                                                                                 
                Application 10/178,439                                                                           
                       Appellants believe that the Examiner is equating the rules 128 with                       
                       the rules 828.  We do not find this argument convincing in eliminating                    
                       Morales as a reference, as Morales does show the claimed storage of                       
                       the executable rules.                                                                     
                   4. Appellants further contend that Morales does not teach the features of                     
                       “determining a category of the transaction order; selecting, from said                    
                       listings of said plurality of subsets, a listing of a subset corresponding                
                       to said determined category.”  Examiner refers to Figure 8 of Morales,                    
                       indicating that the patent teaches “a group of templates that define                      
                       rules executed as part of the task.  This example clearly divides rules                   
                       128 into groups or classes,” namely those related to the task and all                     
                       others.  The Examiner reads the selection of the subset related to the                    
                       task as the claimed selecting a subset corresponding to said                              
                       determined category.  We find this reading of the reference accurate to                   
                       anticipate the limitation in the claims.                                                  
                   5. Appellants further contend that Morales does not teach that the source                     
                       code is compiled (Br. 14), and that a fair reading of Morales would                       
                       encompass his converting the source code to executable code by using                      
                       an interpreter rather than a compiler as claimed, for example in claim                    
                       18.  We note, however, in Morales, column 4, lines 60 ff, “Rules                          
                       written in SRL may be transformed, e.g., compiled, into another form,                     
                       e.g. code that is executable by a rules engine.”  (emphasis added).  We                   
                       thus find Appellants’ contention not persuasive, as Morales explicitly                    
                       teaches compiling source code.                                                            



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