Appeal 2007-0224
Application 09/754,785
that are software and/or data structures per se. For the same reasons
discussed supra with respect to independent claims 1, 9, and 55, we
conclude the methods and systems of dependent claims 2-8, 10-15, 40, 41,
43-54, and 56 fall outside the scope of § 101.
CONCLUSIONS OF LAW
Appellant has failed to establish that the Examiner erred in rejecting
claims 1-41, and 43-60 under 35 U.S.C. § 102(b) as being anticipated by
Levine.
Appellant has failed to establish that the Examiner erred in rejecting
claim 42 as being unpatentable under 35 U.S.C. § 103(a) over Levine in
view of Breslau.
Therefore, claims 1-60 are not patentable over the prior art of record.
DECISION
The decision of the Examiner rejecting claims 1-41, and 43-60 under
35 U.S.C. § 102 is affirmed. The decision of the Examiner rejecting claim 42
under 35 U.S.C. §103 is also affirmed. We have entered a new ground of
rejection against claims 1-15, 40, 41, and 43-56 under 37 C.F.R. § 41.50(b).
37 C.F.R. § 41.50(b) provides that, “[a] new ground of rejection pursuant
to this paragraph shall not be considered final for judicial review.”
37 C.F.R. § 41.50(b) also provides that the Appellant, WITHIN TWO
MONTHS FROM THE DATE OF THE DECISION, must exercise one of
31
Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: September 9, 2013