Ex Parte Rozek et al - Page 17

               Appeal 2007-1235                                                                             
               Application 09/748,125                                                                       

                      B. Findings of Fact                                                                   
                      The record supports the following findings of fact (FF) by a                          
               preponderance of the evidence.                                                               
               1.     We incorporate herein the facts under the Findings of Fact section for                
               the rejection of claims 1-2, 6, 7, and 13-20 above and add the following                     
               facts.                                                                                       
               2.     Claim 11 further limits the data extracting step of step (d) of claim 1               
               to include “extracting data from both a document's enveloping information                    
               and from within the document.”                                                               
               3.     The Examiner found                                                                    
                      As per dependent claim 11, Ricker and Puckett disclose the                            
                      limitations similar to those in claim 1, and the same rejection is                    
                      incorporated herein. Puckett further discloses that step d) comprises                 
                      extracting data from both a document's enveloping information and                     
                      from within the document (col. 3, lines 5-7, "These events can be                     
                      errors in the storage system or simply routine observations about the                 
                      storage system").                                                                     
               Answer 6.                                                                                    
               4.     Appellants did not traverse the Examiner’s finding but rather question                
               its relevance to the claimed subject matter, arguing that:                                   
                      [t]he office action states with respect to the features of claim 11, that             
                      "these errors can be errors about the storage system or simply routine                
                      observations about the storage system." However, equating the errors                  
                      related to the "storage system" to the claimed document information is                
                      incorrect since one skilled in the art of either computing systems or e-              
                      commerce systems would not equate a trading partner document to a                     
                      storage system disclosed by Puckett.                                                  
               Appeal Br. 7.                                                                                




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