Ex Parte Sellers et al - Page 7



                Appeal 2007-0772                                                                                                         
                Application 09/788,132                                                                                                   
                        Appellants argue claims 1, 6, and 11, the three independent claims, as a                                         
                group.  They do not argue claims 2-3, 5, 7-8, and 10 separately, so all of the claims                                    
                in this group stand or fall with representative claim 1.                                                                 
                        There is no dispute that Dhar discloses all of the elements of claim 1, but                                      
                for:                                                                                                                     
                        [1)] inputs from and outputs to, a financially troubled borrower, including                                      
                        inputs and outputs relating to a proposed loss mitigation workout;                                               
                        [2)] automatic loan workout decision analysis software wherein the analysis                                      
                        software analyzes information relating to a preexisting loan whose terms are                                     
                        not being met by the financially troubled borrower and other information                                         
                        relating to why the troubled borrower is financially troubled to determine                                       
                        whether to automatically approve the proposed loss mitigation loan workout;                                      
                        and                                                                                                              
                        [3)] automatic approval of the proposed loss mitigation loan workout.                                            
                (Answer 6-7).                                                                                                            
                        Appellants instead argue that Myers and Litton, which the Examiner relies                                        
                on to supply the above limitations (Answer 7-8), do not cure the deficiencies of                                         
                Dahr noted by the Examiner (Br. 6).  In particular, Appellants argue that:                                               
                                Dhar, Myers, and Litton, take [sic, taken] separately or in                                              
                                combination, do not teach and do not suggest analysis                                                    
                                software which analyzes both "information relating to a                                                  
                                preexisting loan whose terms are not being met by the                                                    
                                financially troubled borrower and other information                                                      
                                relating to why the troubled borrower is financially                                                     
                                troubled to determine whether to automatically approve                                                   
                                the proposed loss mitigation loan workout," as claimed                                                   
                                by claim 1.                                                                                              

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