Ex Parte Banerjee et al - Page 8

                Appeal 2007-0914                                                                                 
                Application 09/904,734                                                                           

                also 37 C.F.R. § 41.37(c)(1)(vii).  Therefore, we sustain the Examiner’s                         
                rejection of these claims for the same reasons discussed supra with respect                      
                to claims 1, 12 and 16.                                                                          
                       In summary, we sustain each of the Examiner’s separately stated                           
                rejections of claims 1-27 under 35 U.S.C. § 103(a).  The rejections of these                     
                claims encompass all claims on appeal, and all rejections are affirmed.                          
                Therefore, the decision of the Examiner is affirmed.                                             
                       No time period for taking any subsequent action in connection with                        
                this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.                            
                § 1.136(a)(1)(iv).                                                                               
                                                     AFFIRMED                                                    

                MARTIN, Administrative Patent Judge, dissenting.                                                 

                       I respectfully disagree with the majority’s decision to affirm the                        
                rejection of independent claim 12 on the ground that “Appellants’                                
                Specification . . . appears to admit that all features of claim 12 were known                    
                in the art at the time the invention was made.”  Supra p. 5.  Specifically, I                    
                disagree with the majority’s characterization of paragraph 35 of the                             
                Specification as “admit[ting] that, upon determining that the client request                     
                does not designate a character set, a well known API, developed by Sun                           
                Microsystems, may be invoked to retrieve locale information from the client                      
                request in order to determine an associated character set. (Specification,                       
                ¶35).”  Supra p. 5.  The only information in paragraph ¶ 35 that can be fairly                   
                treated as admitted prior art is the description of                                              
                “ServletRequest.getLocale()” as an API that was developed by Sun                                 

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