Ex Parte Carp et al - Page 9

                Appeal  2007-0768                                                      Page 9                 
                Application  10/430,883                                                                       

           1    19. Appellants also argue that "automation of the process is not disclosed                    
           2         in the applied references." Br. 16.                                                      
           3    20. The examiner finally rejected claim 14 as being unpatentable under 35                     
           4         U.S.C. § 103(a) as being unpatentable over The Jury Research Institute                   
           5         in view of the Northern District of Texas Jury Plan. Answer 13.                          
           6    21. Claim 14 depends on claim 11.                                                             
           7    22. To address the features of claim 14, the Examiner cites the Northern                      
           8         District of Texas Jury Plan, finding that it "teaches transmitting a                     
           9         summons for jury service to each one of said plurality of prospective                    
          10         jurors that is suitable, said summons including an assigned report date                  
          11         for said qualified prospective juror to report to the trial court for jury               
          12         service," citing page 17. Answer 13.                                                     
          13    23. Appellants do not discuss the Northern District of Texas Jury Plan and                    
          14         therefore do not dispute the Examiner's finding of FF 22.                                
          15    24. Appellants’ complete argument is:                                                         
          16                 It is respectfully submitted that the Examiner has                               
          17            mischaracterized the content of claim 14. In particular, the Examiner                 
          18            characterizes the claim as summoning the juror before performing                      
          19            the suitability test, and therefore asserts that The Jury Research                    
          20            Institute discloses this feature.                                                     
          21                 To the contrary, claim 14, as depending from claim 11,                           
          22            transmits a summons only to those jurors who are suitable for the                     
          23            trial, the suitability test having already been administered.                         
          24                 Accordingly, Appellants respectfully request that the Honorable                  
          25            Board of Appeals and Interferences Reverse the rejection of claim                     
          26            14 under 35 US.C. [sic U.S.C.] § 103.                                                 
          27                                                                                                  
          28         Br. 16-17.                                                                               
          29                                                                                                  





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