Appeal 2007-2171 Application 09/821,066 Similarly, with respect to the subject matter of claim 13, the Examiner relied upon paragraphs 0174 and 0233 and Fig 7 of Scheer to show that Scheer anticipated the subject matter of claim 13 (FF 11). Paragraph 0174 of Scheer, for example, explicitly describes inventory managing processes “using a high degree of table-driven and parameter driven software engineering techniques” (FF 12). The Appeal Brief does not address any of this disclosure but simply argues that Scheer does not disclose “defining a first table identifying a plurality of parts; defining a second table, associated with the first table, indicating functional relationships between the parts; and recursively searching the first and second tables to generate the list of interchangeable parts” as claimed in claim 3 (FF 5). A general allegation that the art does not teach a claim limitation is no more than merely pointing out the claim limitation. In that regard, a statement which merely points out what a claim recites will not be considered an argument for separate patentability of the claim. 37 C.F.R. § 41.37(c)(1)(vii). We decline to accept Appellant’s conclusion that the Examiner has failed to show that Scheer anticipates the claimed subject matter given that much of the Examiner’s case in making the prima facie case of anticipation remains unchallenged. To do so would put us in the position of acting as an advocate for Appellant. Ernst Haas Studio, Inc. v. Palm Press, Inc., 164 F.3d 110, 112, 49 USPQ2d 1377, 1379 (2d Cir. 1999) ("Appellant's Brief is at best an invitation to the court to scour the record, research any legal theory that comes to mind, and serve generally as an advocate for appellant. We decline the invitation.") We find that the Examiner has satisfied his burden of showing that Scheer describes the claimed subject matter and all its limitations. Appellant 10Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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