Appeal 2007-2171
Application 09/821,066
anyone reading the reference. The Examiner relied on Fig. 8 as the principal
support for showing that Scheer describes defining a database and searching
the database. Appellant has never addressed Fig. 8 or the Examiner’s
reliance thereon. Arguments which Appellant could have made but chose not
to make in the Briefs have not been considered and are deemed to be
waived. See 37 C.F.R. § 41.37(c)(1)(vii) (2004). Accordingly, we find that
Scheer at Fig. 8 describes defining a database and searching the database.
The question then becomes whether, in light of Fig. 8, Scheer
anticipates defining the database for indicating functional relationships
between a plurality of parts and searching the database to identify one or
more groups of functionally interchangeable parts. In that regard, the
Examiner not only relied on paragraphs 0147 and 0171 but also stated that
Sheer does disclose an intelligent order fulfillment planning process,
wherein for each order the distributor has access to data relating to
equivalent products. An equivalent product can be a product that has
the same functions and features as a specified product. The
equivalency of functions and features is determined as a function of
product definitions provided by the distributor. This action of
substitution utilizes the Intelligent Agent as shown in Figure 2. Also
shown in Figure 2 is a linkage between the lntelligent Agent and the
distributor whereby the Intelligent Agent can locate the product
definitions. The product definitions is how the Agent Identifies groups
of functionally interchangeable parts, whereby these definitions are
stored on the Distributor Collaboratory Server. [FF 7.]
This latter discussion was provided in the Final Rejection but Appellant has
never responded to it. Accordingly, the Examiner’s position that Scheer
describes defining functional relationships between a plurality of parts and
identifying one or more groups of functionally interchangeable parts has not
been traversed.
9
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: September 9, 2013