Ex Parte Zulpa et al - Page 13



           Appeal 2007-1401                                                                         
           Application 09/882,094                                                                   
           led one having ordinary skill in the art to the claimed step of associating an active    
           or inactive status code with part data based upon results of evaluating part data and    
           activity data.                                                                           
                 The Examiner further relied on Liff as documentary evidence supporting his         
           taking of official notice that maintaining a status of “active” or “inactive” for        
           database information is well known in the art (Answer 11, citing Liff, col. 19,          
           ll. 18-19).  The Appellants contend that even if combined with Huang, Liff fails to      
           cure the deficiencies of Huang (Br. 6).  Liff is directed to “an apparatus and           
           method for automated dispensing of packaged pharmaceuticals” (Finding of                 
           Fact 30).  Liff’s database includes a medication history for each patient, and tracks    
           active and inactive medications, including the date the medication was dispensed         
           (Finding of Fact 31).  While we agree that Liff discloses generally that prior art       
           databases have included active and inactive data, we see no apparent reason why          
           one skilled in the art would have used this general teaching to evaluate part data       
           and activity data and then apply an active or inactive status code based on the          
           evaluation.  Liff is teaching maintaining a history for each customer of the             
           customer’s active and inactive patient prescriptions, and does not teach evaluating      
           and indicating whether certain pharmaceuticals in the pharmacy’s database are            
           active or inactive (Finding of Fact 32).  Further, prescriptions are not “parts”         
           (Finding of Fact 33), and thus Liff’s teaching would not have led one having             
           ordinary skill to evaluate and assign an active or inactive status code to a part.       
                 The Examiner found that the motivation for combining the code assigning            
           feature of “active” vs. “inactive” with the method of Huang is found in Huang’s          

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