Ex Parte Shaouy et al - Page 3

               Appeal 2007-0987                                                                       
               Application 09/810,992                                                                 
               Forecast Pro Product Description Brochure (Forecast Pro), December 2000,               
               web pages (unnumbered) available at                                                    
               http://web.archive.org/web/*/www.forecastpro.com (last visited Oct. 13,                
               2005).                                                                                 
                    Claims 18-20 stand rejected under 35 U.S.C. § 102(a) as being                     
               anticipated by Forecast Pro.  Claims 1-17 stand rejected under 35 U.S.C.               
               § 103(a).  As evidence of obviousness, the Examiner offers Kadowaki in                 
               view of Forecast Pro with respect to claims 1, 2, 4, 6, 8, 9, and 12-17, adds          
               Kurtzman, II to the basic combination respect to claims 3, 5, 10, and 11, and          
               adds Jacobi and Tetzlaff to the basic combination with respect to claim 7.             
                    Rather than reiterate the arguments of Appellants and the Examiner,               
               reference is made to the Briefs and Answer for the respective details.                 


                                             ISSUES                                                   
               (i)     Under 35 U.S.C § 102(a), does Forecast Pro have a disclosure                   
               which anticipates the invention set forth in claims 18-20?                             
               (ii)    Under 35 U.S.C § 103(a), with respect to appealed claims 1-17,                 
               has the Examiner established a prima facie case of obviousness based on                
               Kadowaki taken in separate combinations with the secondary references to               
               Forecast Pro, Kurtzman, II, Jacobi, and Tetzlaff?                                      

                                       PRINCIPLES OF LAW                                              
                                       1. ANTICIPATION                                                
                    It is axiomatic that anticipation of a claim under § 102 can be found if          
               the prior art reference discloses every element of the claim.  See In re King,         
               801 F.2d 1324, 1326, 231 USPQ 136, 138 (Fed. Cir. 1986) and Lindemann                  

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