Ex Parte Sellers et al - Page 10



                Appeal 2007-0772                                                                                                         
                Application 09/788,132                                                                                                   
                        Moreover, each of the elements of Dhar, Myers, and Litton combined by the                                        
                Examiner performs the same function when combined as it does in the prior art.                                           
                Thus, such a combination would have yielded predictable results.  See Sakraida v.                                        
                Ag Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976).  Therefore, the                                               
                claimed subject matter likely would have been obvious under KSR.  KSR, 127 S.Ct.                                         
                at 1739, 82 USPQ2d at 1395.  In addition, neither Appellants’ Specification nor                                          
                Appellants’ arguments present convincing evidence that automating the known                                              
                processes for loan workout decisions disclosed in Myers as suggested by the                                              
                Examiner is uniquely challenging or difficult for one of ordinary skill in the art.                                      
                Under those circumstances and in light of the explicit teachings cited by the                                            
                Examiner, Appellants have not shown that the Examiner erred in concluding that                                           
                                        It would have been obvious to one of ordinary skill                                              
                                in the art at the time the invention was made to have                                                    
                                modified Dhar by incorporating the established loan                                                      
                                workout analysis, as disclosed by Myers, and the loss                                                    
                                mitigation analysis, as disclosed by Litton, into the                                                    
                                automated loan decision analysis software and workflow                                                   
                                (decision) engine, as disclosed by Dhar, to provide a                                                    
                                faster and automated system through which to run loss                                                    
                                mitigation workouts, and, as disclosed by Dhar, [to]                                                     
                                produce an automatic decision.                                                                           
                (Answer 8).                                                                                                              

                    B. Rejection of claims 4, 9, 12, and 13 under 35 U.S.C. § 103(a) as                                                  
                        unpatentable over Dhar in view of Myers, Litton, and Fletcher.                                                   



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