Ex Parte Agostini et al - Page 8

                Appeal 2006-3430                                                                                 
                Application 10/178,439                                                                           
                   2. We find that the existence of both techniques of rendering source code                     
                       into executable code in the prior art meets the claim’s limitation,                       
                       which chooses one of those techniques (compiling), and indicates it is                    
                       obvious over the admitted prior art.                                                      
                   3. Concerning other arguments concerning sub-modules in these claims,                         
                       we adopt the Examiner’s reasoning on page 17 of the Answer, and                           
                       sustain the rejection under 35 U.S.C. § 103(a).                                           

                Group III:  Findings with respect to the rejection of claims 5, 10, 15-16, 24                    
                and 32 under 35 U.S.C. § 103(a) for being obvious over Morales in view of                        
                Kogan.                                                                                           
                   1. Claim 5 et al add limitations to the independent claims concerning                         
                       business rules in which customer orders for transacting a financial                       
                       instrument are selected from the group consisting of a stock, a bond, a                   
                       mutual fund and an option.  Kogan discloses a “Rule Compliance                            
                       System and a Rule Definition Language” specifically for “rules                            
                       regarding securities trading and other applications.”  It is addressed to                 
                       a portfolio manager for a large institutional investor. (Kogan, col. 1, ll.               
                       30 ff).                                                                                   
                   2. As both references are addressed to business rules for transactions, as                    
                       instituted in a computer system, we do not find persuasive Appellants’                    
                       arguments that they are not logically connected.  Kogan clearly                           
                       teaches the application of his rule system on a computer, as is the                       
                       system of Morales.                                                                        




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