Appeal 2007-0723
Application 10/310,527
The use of directories, subdirectories and their respective files in
Needham is consistent with Appellants’ own recognized prior art data
structures for files and the showing in what amounts to prior art figure 2 of
the Specification as filed. The showing in Specification figure 5 is
consistent with this admitted prior art or given path to the extent recited in
dependent claims 5 and 20 on appeal. Correspondingly, the upload ID or
each of the respective directories, subdirectories and files within each of
them relate to the features of uploadable identifiers once a production web
site is created in Needham utilizing the prior art operating systems in that
reference. Moreover, the “can be used” capability of claim 5 and the “can
quickly find” capabilities of dependent claim 7 are not positively recited
recitations but mere capabilities of potential future acts which are clearly
within the ambit of the prior art operating systems admitted by Appellants to
be in the prior art and that are specifically taught as noted earlier in
Needham.
This additional assessment of the teachings of Anderson and
Needham and those which were identified by the Examiner in the Answer
are consistent with the above-noted case law regarding combinability of
teachings of the prior art as well as addressing the arguments of Appellants
in the Brief and Reply Brief as to the noted features.
In view of the foregoing, the decision of the Examiner rejecting all
claims on appeal under 35 U.S.C. § 103 is affirmed.
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