Ex Parte Polan et al - Page 7

               Appeal 2007-0937                                                                             
               Application 10/666,869                                                                       

               Fletcher II discloses invoking the provisioning processes data for the                       
               provisioning web service.                                                                    
                      Thus, Fletcher II discloses storing provisioning processes data                       
               for each web service that correlates to an administrative system                             
               supporting the web services and invoking that data.  Accordingly, we                         
               will sustain the anticipation rejection of claim 1 and the claims                            
               grouped therewith, claims 2, 3, 8, 11, and 12, over Fletcher II.                             
                      Under the provisions of 37 C.F.R. § 41.50(b), we enter the following                  
               new ground of rejection against Appellants' claim 13.                                        
                      Claim 13 is rejected under 35 U.S.C. § 102(e) as being anticipated by                 
               Fletcher II.  Claim 13 is identical to claim 12 except that it depends from                  
               claim 8 instead of claim 1.  The Examiner rejected independent claims 1 and                  
               8 and also claim 12 under 102(e) as anticipated by Fletcher II.  We have                     
               affirmed the anticipation rejection of claims 1, 8, and 12.  Therefore, claim                
               13 is anticipated for the same reasons as claim 12.                                          

                                                 ORDER                                                      
                      The decision of the Examiner rejecting claim 5 under 35 U.S.C. § 112,                 
               second paragraph, is reversed.  The decision of the Examiner rejecting                       
               claims 1 through 3, 5, 8, 9, and 11 through 13 under 35 U.S.C. § 102(e) is                   
               reversed as to claims 1, 2, 5, 8, 9, and 11 through 13 over Fletcher I, but                  
               affirmed as to claims 1 through 3, 8, 11, and 12 over Fletcher II.  Further, we              
               have entered a new ground of rejection for claim 13 under 35 U.S.C.                          
               § 102(e) over Fletcher II.  Thus, the Examiner's decision is affirmed-in-part.               



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