Ex Parte Maresca et al - Page 17



                Appeal 2007-0223                                                                                  
                Application 09/752,090                                                                            
                Group 6 - claims 52, 63, and 74                                                                   
                       Representative claim 52 recites "said performing quality management                        
                functions includes: identifying potential problems relating to a supplier;                        
                alerting affected collaborative sources of said potential problems; notifying                     
                management; and collaborating with said supplier associated with said                             
                potential problems for determining a resolution; and generating a problem                         
                report."                                                                                          
                       The Examiner finds these limitations taught at column 9, line 20 to                        
                column 13, line 12, and column 8, lines 1-37 of Aycock.  Appellants argue                         
                that there is no teaching of any notification to management, much less a                          
                notification of potential problems (Br. 16).                                                      
                       The issue is whether Appellants have shown that the Examiner erred                         
                in concluding that the combination of Aycock and Gervais discloses or                             
                suggests the limitations of claim 52.                                                             
                       The Examiner has not specifically described how the teachings of                           
                Aycock or Gervais correspond to the limitations of claim 52.  While it may                        
                be that a system and method for qualifying suppliers will identify potential                      
                problems and the buyer will work with the supplier to resolve the problem,                        
                we do not find these limitations disclosed in Aycock or Gervais.  Aycock                          
                does go on to additional analysis if a supplier is not automatically approved                     
                in step 32 of Figure 1, but it does not appear that this is based on potential                    
                problems.  It does not appear that the combination of Aycock and Gervais                          



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