Ex Parte Borg - Page 3

                 Appeal 2007-2167                                                                                        
                 Application 09/991,752                                                                                  

                        The Examiner rejected claims 1-20 under 35 U.S.C. § 103(a) based                                 
                 upon the teachings of Gupta ‘079 and Gupta ‘258.                                                        
                                                        ISSUE                                                            
                        The issue is whether Appellant has shown that the Examiner erred in                              
                 rejecting the claims under 35 U.S.C. § 103.  Appellant asserts that the                                 
                 disclosure of Gupta “079 has nothing to do with “determining a user’s                                   
                 identity” by searching and accessing a second location or “retrieving                                   
                 additional (or any) user information” from the second location (Br. 6).                                 
                 Appellant further argues that the use of a “wrapper” in Gupta ‘258 is not                               
                 related to the “identity of a user” or its determination (Br. 7).  Based on such                        
                 assertions, Appellant argues that the combination of the references would                               
                 not teach or suggest access to the customer data from the vendor’s web site                             
                 nor determining the identity of a user (Br. 7-8).  Therefore, the issue turns on                        
                 whether the combination of the applied references teaches the claimed                                   
                 subject matter including determining “the identity of a user” from the                                  
                 information entered at a first or a second location and “retrieving additional                          
                 information” based on the determined identity.                                                          

                                                FINDINGS OF FACT                                                         
                        The following findings of fact (FF) are relevant to the issue involved                           
                 in the appeal and are believed to be supported by a preponderance of the                                
                 evidence.                                                                                               
                        1. Gupta ‘079 provides for a method of automatically filling in on-                              
                 line forms presented by web pages in an internet transactional environment                              
                 (Abstract), wherein a user may shop for items from different vendors' Web                               


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