Appeal 2007-1315
Application 09/828,437
1 REJECTIONS
2 Claims 1-12 and 25-27 stand rejected under 35 U.S.C. § 102(b) as anticipated
3 by Lynch.
4 Claims 1-28 stand rejected under 35 U.S.C. § 103(a) as unpatentable over
5 Jones and Among.
6
7 ISSUES
8 The issues pertinent to this appeal are
9 • Whether the rejection of claims 1-12 and 25-27 under 35 U.S.C. § 102(b) as
10 anticipated by Lynch is proper. In particular, this issue turns on whether
11 Lynch shows determining whether the user is a direct customer or a travel
12 agent.
13 • Whether the rejection of claims 1-28 under 35 U.S.C. § 103(a) as
14 unpatentable over Jones and Among is proper. In particular, this issue turns
15 on whether Jones and Among may properly be combined, whether the
16 claimed subject matter the Appellants contend is missing from Jones and
17 Among is actually in those references or would have otherwise been obvious
18 to have incorporated into the combination of Jones and Among, and whether
19 the claim limitations of specific information printed or displayed on a travel
20 itinerary listing and billing are nonfunctional descriptive material, and if so,
21 how much patentable weight is to be afforded to those limitations.
22
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