Ex Parte Albazz et al - Page 3

           Appeal 2007-2533                                                                        
           Application 09/972,434                                                                  

       1       This appeal arises from the Examiner’s Final Rejection, mailed December 29,         
       2   2005.  The Appellants filed an Appeal Brief in support of the appeal on July 24,        
       3   2006, and the Examiner mailed an Examiner’s Answer to the Appeal Brief on               
       4   October 19, 2006.  A Reply Brief was filed on November 20, 2006.                        
       5                                   PRIOR ART                                               
       6       The Examiner relies upon the following prior art:                                   
       7   Frengut                            US 2002/0046099 A1 Apr. 18, 2002                     
       8                                                        (filed Apr. 3, 2001)               
       9   Gale Group, Ebizmart.com Announces Pioneer-Standard, Officeland, Mobility and           
       9 Others to Join Soon in Online Business-to-Business Portal Inaugural Launch,               
       10                                                                                          
       11  Business Wire, p. 101, Jan. 13, 1999 (Ebizmart)                                         
       12                                 REJECTIONS                                               
       13      Claims 1-3, 6-8, 11-13, and 16-18 stand rejected under 35 U.S.C. § 102(e) as        
       14  anticipated by Frengut.                                                                 
       15      Claims 4, 5, 9, 10, 14, 15, 19, and 20 stand rejected under 35 U.S.C. § 103(a)      
       16  as unpatentable over Frengut and Official Notice.                                       
       17                                    ISSUES                                                
       18      The issues pertinent to this appeal are                                             
       19     • Whether the Appellants have sustained their burden of showing the                  
       20        Examiner erred in the rejection of claims 1-3, 6-8, 11-13, and 16-18 under        
       21        35 U.S.C. § 102(e) as anticipated by Frengut.                                     
       22     • Whether the Appellants have sustained their burden of showing the                  
       23        Examiner erred in the rejection of claims 4, 5, 9, 10, 14, 15, 19, and 20 under   
       24        35 U.S.C. § 103(a) as unpatentable over Frengut and Official Notice.              


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