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. 3Page: Previous 1 2 3 4 5 Next
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