Ex Parte Gusler et al - Page 4

            Appeal 2007-1867                                                                                  
            Application 09/864,113                                                                            

        1                                         ISSUES                                                      
        2                                                                                                     
        3       Thus, the issues pertinent to this appeal are                                                 
        4       • Whether the Appellants have sustained their burden of showing that the                      
        5          Examiner erred in rejecting claims 1, 3, 4, 8-10, 12, 13, 17-19, 21, 22, 26,               
        6          and 27 under 35 U.S.C. § 102(b) as anticipated by Odigo.com as evidenced                   
        7          by Surfing and Odigo.com web pages.                                                        
        8       • Whether the Appellants have sustained their burden of showing that the                      
        9          Examiner erred in rejecting claims 2, 5, 6, 11, 14, 15, 20, 23, and 24 under               
       10          35 U.S.C. § 103(a) as unpatentable over Odigo.com and Tang.                                
       11       • Whether the Appellants have sustained their burden of showing that the                      
       12          Examiner erred in rejecting claims 7, 16, and 25 under 35 U.S.C. § 103(a) as               
       13          unpatentable over Odigo and Kenney.                                                        
       14       The pertinent issue turns on whether Odigo.com shows disassociated shoppers                   
       15   as in element (1b) of claim 1, supra.                                                             
       16                                                                                                     
       17                         FACTS PERTINENT TO THE ISSUES                                               
       18       The following enumerated Findings of Fact (FF) are believed to be supported                   
       19   by a preponderance of the evidence.                                                               
       20       Claim Construction                                                                            
       21           01. The Specification does not define the word “disassociated.”                           




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