Ex Parte Mandler et al - Page 3

               Appeal 2007-1502                                                                            
               Application 09/929,260                                                                      

                      special virtual directory comprises at least one level of said                       
                      hierarchical tree, said one level being more deeply nested than a                    
                      level of said special virtual directory in said hierarchical tree.                   

                                              C. REJECTION                                                 
                      Claims 67, 68, 76-80, and 88-90 stand rejected under 35 U.S.C.                       
               § 102(e) as anticipated by U.S. Patent Application Pub. No. 2001/0049675                    
               ("the Publication").                                                                        

                                                II. ISSUE                                                  
                      "Rather than reiterate the positions of parties in toto, we focus on the             
               issue therebetween."  Ex Parte Filatov, No. 2006-1160, 2007 WL 1317144,                     
               at *2 (BPAI 2007).  The Examiner finds that claims 67, 68, 76-80, and 88-90                 
               read on Figure 8 and claims 19, 20, 23, and 24 of the Publication.  (Answer                 
               3-5.)  The Appellants "present[ ] no arguments pertaining to the content of                 
               the . . . Publication or its application to the claims."  (Id. 9)  Instead they             
               argue that "the same inventor was the source of both the claimed subject                    
               matter in the present application and the cited subject matter in the prior art.            
               . . ."  (Reply Br. 1.)  In support thereof, they submit three declarations, which           
               the Examiner labels "Declaration A," "Declaration B," and "Declaration C."                  
               (Answer 5.)  Therefore, the issue is whether the Appellants' Declarations                   
               establish that Benjamin Mandler ("Mandler") invented both the subject                       
               matter of claims 67, 68, 76-80, and 88-90 and the relied-on disclosure of the               
               Publication.                                                                                




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