Ex Parte Patullo et al - Page 17

              Appeal 2007-1315                                                                                              
              Application 09/828,437                                                                                        

         1        The Examiner’s second argument is unpersuasive.  Lynch determines the                                     
         2    identity of the traveler, the business entity which employs the traveler (if                                  
         3    applicable), and the travel agency of which the individual is a customer (if                                  
         4    applicable) (FF 02).  While this teaching explicitly states that the identity of these                        
         5    three parties are determined, this does not explicitly, implicitly, or inherently state                       
         6    that the system actually determines whether the user is a direct user or a travel                             
         7    agent.                                                                                                        
         8        The Examiner’s third argument is not credible.  Determining identity ends in a                            
         9    textual result.  Determining whether the identified entity is a direct customer or a                          
        10    travel agent ends in a Boolean result.                                                                        
        11        Thus, we find that the Appellants’ arguments persuasive that Lynch does not                               
        12    show determining whether the user is a direct customer or a travel agent.                                     
        13        This conclusion alone is sufficient to overcome a rejection under novelty, and                            
        14    therefore the remaining arguments made by the Appellants are moot.                                            
        15                                                                                                                  
        16     Claims 1-28 rejected under 35 U.S.C. § 103(a) as obvious over Jones and Among.                               
        17                                                                                                                  
        18    Nonfunctional Descriptive Material                                                                            
        19                                                                                                                  
        20           All of the claims include a limitation of generating a listing and describing                          
        21    the contents of that listing.  Several of the claims also include a limitation of                             
        22    displaying and describing the contents of the display. The contents of the listing                            
        23    and display are all descriptive textual information or graphic images provided to a                           
        24    traveler.  None of these textual information or graphic images have any functional                            

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