Ex Parte Maresca et al - Page 5



                Appeal 2007-0223                                                                                  
                Application 09/752,090                                                                            
                       The first issue is whether Appellants have shown that the Examiner                         
                erred in finding that Aycock discloses "qualifying suppliers, parts, and                          
                technologies."                                                                                    
                       Aycock discloses an apparatus and method for "interactive evaluation                       
                of suppliers as proposed vendors for a project" (Abstract), "vendor                               
                qualification" (col. 1, ll. 11-56), and a "system for the evaluation of suppliers                 
                for a project" (col. 3, ll. 43-44).  Therefore, Aycock discloses "qualifying                      
                suppliers."                                                                                       
                       Aycock discloses that an "important consideration in vendor                                
                qualification is quality (a product and/or service free from defects) and                         
                reliability (a product having a relatively long mean time between failures)"                      
                (col. 1, ll. 32-35).  Aycock discloses that "[t]he on-site audit includes                         
                validating the supplier responses to the RFP/RFQ, either by performing                            
                actual tests on hardware or software systems, and/or by reviewing the                             
                quality control procedures and processes at the supplier site" (col. 8,                           
                ll. 27-31).  Thus, qualifying the suppliers can involve "qualifying parts,"                       
                where the parts can be hardware or software.                                                      
                       Aycock discloses that "the request for proposal/request for quotation                      
                (RFP/RFQ) . . . includes requirements for technical specifications" (col. 6,                      
                ll. 1-3), where the Examiner finds the "technical specification" to correspond                    
                to "technologies" (Answer 4).  We find no error in the Examiner's position                        
                that "technical specifications" can be considered "technologies," as broadly                      



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