Monday, August 24, 2009

Don't just assert cited references don't show all claim elements

Ex Parte Dandekar:

Specifically, with respect to claims
1-6, at pages 3-4 of the Appeal Brief, Appellants argue:
Lee does not teach or suggest a computer implemented
system for enabling configuration of an information handling
system which includes a configurator, a service activation
module for enabling a user to activate a service for use on an
information handling system, and a database where database
receives information from and supplies information to the
configurator and the service activation module, all as required
by claim 1. Accordingly, claim 1 is allowable over Lee. Claims
2 - 6 depend from claim 1 and are allowable for at least this
The Appeal Brief presents no other arguments with respect to claim 1.

Appeal board says that Examiner had "specific and detailed findings" while the Applicant had only "arguments not supported by further evidence...." Examiner won.

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