Ex Parte Borg - Page 9

                 Appeal 2007-2167                                                                                        
                 Application 09/991,752                                                                                  

                 identified, as described by Gupta ‘079, based on the order while the wrapper                            
                 determines the identity of the user prior to extracting additional information                          
                 (FF 10).  The wrapper further retrieves additional information pertaining to                            
                 the user by obtaining the information related to the user’s order such as the                           
                 vendor info, user identity, etc. (FF 11).                                                               
                        With respect to claim 12, Appellant provides similar arguments                                   
                 discussed and addressed above (Br. 10).  In particular, Appellant asserts that                          
                 determining the identity of a user is neither taught nor suggested by the prior                         
                 art (id.).  As discussed above with respect to claim 1, the user data is                                
                 extracted only if the user is identified.  Therefore, we agree with the                                 
                 Examiner that the user information is obtained by the wrapper after                                     
                 searching the User Meta-data and is based on identifying the user.                                      

                                             CONCLUSION OF LAW                                                           
                        Because Appellant has failed to point to any error in the Examiner’s                             
                 position, we sustain the § 103 rejection with respect to independent claims 1                           
                 and 12 as well as claims 2-11 and 13-20, which are argued either together                               
                 with claim 1 or merely based on the same reasons discussed in relation with                             
                 their base claims (Br. 5 & 8).  Therefore, we sustain the 35 U.S.C. § 103                               
                 rejection of claims 1-20 over Gupta ‘079 and Gupta ‘258.                                                

                                                      DECISION                                                           
                        The decision of the Examiner rejecting claims 1-20 is affirmed.                                  




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