Ex Parte Seshadri et al - Page 11

                Appeal 2007-0474                                                                                 
                Application 10/692,885                                                                           
           1    the level of ordinary skill in the art.  See Okajima v. Bourdeau, 261 F.3d                       
           2    1350, 1355, 59 USPQ2d 1795, 1797 (Fed. Cir. 2001) (“[T]he absence of                             
           3    specific findings on the level of skill in the art does not give rise to                         
           4    reversible error ‘where the prior art itself reflects an appropriate level and a                 
           5    need for testimony is not shown’” (internal citation omitted)).                                  
           6           Furthermore, Appellants have presented no secondary considerations                        
           7    of non-obviousness for our consideration.                                                        
           8                                                                                                     
           9    Anticipation Issue                                                                               
          10           Issue A:  Whether Knutson expressly or inherently discloses a                             
          11           plurality of folders comprising links to particular data files stored in                  
          12           the data storage component, the content of the folders controlled at                      
          13           least in part by end-user specified preferences, the folders include any                  
          14           type of link collection defined by a set of relationships, as set forth in                
          15           Appellants’ claim 1.                                                                      
          16                                                                                                     
          17           Appellants contend that with respect to Knutson, the Examiner has                         
          18    been unable to correlate and provide the necessary interconnection between                       
          19    disparate and unrelated items disclosed in Knutson so as to follow the strict                    
          20    identity requirement required to substantiate a § 102 rejection (Br. 8:7-10).                    
          21           Specifically, Appellants contend that:                                                    
          22                 (1) “…the cited document…,                                                          
          23                        (a) provides a client subsystem having as one of its                         
          24    components a folder management subsystem (rather than a plurality of                             
          25    folders)…” (Br. 5:8-10).                                                                         
          26                        (b) “…a message code (instead of a plurality of folders)                     
          27    is linked to both sending and receiving processes…” (Br. 5:10-11).                               



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