Ex Parte Sellers et al - Page 6



                Appeal 2007-0772                                                                                                         
                Application 09/788,132                                                                                                   
                        (Litton, p. 3).                                                                                                  
                        5. Fletcher teaches a pulldown menu for selecting a type of loan analysis                                        
                        (Fletcher, Fig. 14).                                                                                             
                                                     PRINCIPLES OF LAW                                                                   
                        “Section 103 forbids issuance of a patent when ‘the differences between the                                      
                subject matter sought to be patented and the prior art are such that the subject                                         
                matter as a whole would have been obvious at the time the invention was made to a                                        
                person having ordinary skill in the art to which said subject matter pertains.’”  KSR                                    
                Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007).                                           
                The question of obviousness is resolved on the basis of underlying factual                                               
                determinations including (1) the scope and content of the prior art, (2) any                                             
                differences between the claimed subject matter and the prior art, (3) the level of                                       
                ordinary skill in the art, and (4) where in evidence, so-called secondary                                                
                considerations.  Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459,                                              
                467 (1966).  See also KSR, 127 S.Ct. at 1734, 82 USPQ2d at 1391 (“While the                                              
                sequence of these questions might be reordered in any particular case, the                                               
                [Graham] factors continue to define the inquiry that controls.”)                                                         

                                                            ANALYSIS                                                                     
                    A. Rejection of claims 1-3, 5-8, 10, and 11 under 35 U.S.C. § 103(a) as                                              
                        unpatentable over Dhar in view of Myers and further in view of Litton.                                           




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