`15703 . 10002
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`Application of: Marc Vianello
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`Serial No.: 10/101,644
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`Filed: March 19, 2002
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`Examiner: Romain Jeanty
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`Group ArtUnit: 3623
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`Attorney Docket No.: 15703.10002
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`For: APPARATUS AND METHODS FOR
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`Customer No.: 27128
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`PROVIDING CAREER EMPLOYMENT :
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`SERVICES
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`Confirmation No.: 8626
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`AMENDED APPEAL BRIEF TO BOARD OF PATENT APPEALS AND
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`INTERFERENCES UNDER 37 C.F.R. SECTION 41.37
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`Mail Stop Appeal Brief - Patents
`Commissioner for Patents
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`PO. Box 1450
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`Alexandria, VA 22313—1450
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`Sir:
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`Appellant submits the following Amended Appeal Brief to the Board of Patent Appeals
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`and Interferences in response to the Notification of Non—Compliant Appeal Brief dated October
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`18, 2007. In the Notification, the Brief was deemed defective because Appellant did not list
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`claims 210-213, 215-220, 222, 224 and 225 as referenced by the Examiner in the Notification in
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`the Claims Appendix. Appellant has now added all such claims to the Claims Appendix. It is
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`respectfully submitted that Claims 210-213, 215-218, 222, 224 and 225 are merely objected to;
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`Claim 219 has been allowed; and Claim 220 has been withdrawn. None of these claims are on
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`appeal. The status of all of these claims is fully set forth in the Status of Claims section of
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`Appellant’s Brief. Nevertheless, pursuant to the Examiner’s request, these claims are now listed
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`in the Amended Claims Appendix.
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`STLD01-1291666-2
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`Monster Worldwide, Inc. Exhibit 1021 (p.1/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.1/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`TABLE OF CONTENTS
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`. 1. The Real Party In Interest
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`2. Related Appeals and Interferences
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`3. Status of Claims
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`4. Status of Amendments
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`5. Summary of the Claimed Subject Matter
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`6. Grounds of Rejection to be Reviewed on Appeal
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`7. The Relevant Law
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`8. Arguments
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`9. Conclusions
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`10. Appendix A -— Claims Appendix
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`11. Appendix B - Evidence Appendix
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`12. Appendix C —— Related Proceedings Appendix
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`Page
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`3
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`4
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`5
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`6
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`8
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`21
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`22
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`27
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`54
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`56
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`65
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`66
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`STLD01-1291666-2
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`2
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`Monster Worldwide, Inc. Exhibit 1021 (p.2/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.2/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`1.
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`THE REAL PARTY IN INTEREST
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`The real party in interest for the above referenced application is Mr. Marc Vianello, an
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`individual, with an office at 6299 Nall Avenue, Suite 210, Mission, Kansas 66202. Mr. Vianello
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`is the inventor and sole owner of the entire right, title and interest in and to the invention and the
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`pending patent application.
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`STLD01-1291666-2
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`3
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`Monster Worldwide, Inc. Exhibit 1021 (p.3/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.3/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`2.
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`RELATED APPEALS AND INTERFERENCES
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`There are no other appeals or interferences known to Applicant (Appellant) or
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`Applicant’s (Appellant’s) Legal Representative which will directly affect, or be directly affected
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`by, or have a bearing on, the Board of Patent Appeals and Interferences' decision in the pending
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`Appeal.
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`STLDOl-1291666-2
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`4
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`Monster Worldwide, Inc. Exhibit 1021 (p.4/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.4/73)
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`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
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`3.
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`STATUS OF CLAIMS
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`Claims 5, 6, 10, 14, 17, 200, 204, 205, 208—219 and 221-225 are currently pending in the
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`application. Claims 1—4, 18-197 and 220 have been withdrawn. Claim 219 has been allowed.
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`Claims 205, 210-213, 215-218, 222, 224 and 225 are merely objected to. Claims 7-9, 11-13, 15—
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`16, 198-199, 201-203 and 206—207 were cancelled.
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`Claims 5, 6, 10, 14, 17, 200, 204, 205, 208, 209, 214, 221 and 223 stand rejected and are
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`the subject of this appeal.
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`Claim 205 is both merely objected to and rejected.
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`For the record, depending upon the outcome of this Appeal, Applicant hereby reserves
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`his right to accept allowed Claim 219 and to rewrite any one or more of objected claims 205,
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`210—213, 215-218, 222, 224 and 225 so as to include all of the limitations of any base claim and
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`any intervening claims, thereby putting such objected claims in allowable form. Applicant also
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`reserves his right to file additional divisional applications to continue the prosecution of all
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`withdrawn claims.
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`STLD01-1291666-2
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`5
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`Monster Worldwide, Inc. Exhibit 1021 (p.5/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.5/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`4.
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`STATUS OF AMENDMENTS
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`In the current application, an initial Final Rejection was mailed on May 19, 2004. On
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`V August 23, 2004 Applicant's submitted an Amendment along with a Notice of Appeal. On
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`October 12, 2004 an Advisory Action was issued and the previously filed Amendment was not
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`entered into the record. In response to the Advisory Action a Request for Continued
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`Examination was submitted on October 19, 2004. On January 12, 2005 a non-final office action
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`was mailed. An Amendment in response to the non-final office action was filed on April 4,
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`2005.
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`A second Final Rejection was mailed July 14, 2005. On September 2, 2005, Applicant's
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`filed a Request for Continued Examination along with an Amendment. On November 10, 2005 a
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`non-final office action was mailed. A response to this office action was filed on January 23,
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`2006. A Supplemental Amendment was filed on April 20, 2006. On August 1, 2006 a
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`restriction requirement was issued by the Examiner. A response to the restriction requirement
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`and an election of claims was filed August 22, 2006.
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`On November 8, 2006 a Third Final Rejection was mailed. In response to this Final
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`Rejection a Notice of Appeal was filed by Applicants. No further amendments were filed and all
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`of the above referenced amendments were entered into the record.
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`For the record, depending upon the outcome of this Appeal, Applicant hereby reserves
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`his right to accept allowed Claim 219 and to rewrite any one or more of objected claims 205,
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`210—213, 215—218, 222, 224 and 225 so as to include all of the limitations of any base claim and
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`STLD01-1291666-2
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`6
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`Monster Worldwide, Inc. Exhibit 1021 (p.6/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.6/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`any intervening claims, thereby putting such objected claims in allowable form. Applicant also
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`reserves his right to file additional divisional applications to continue the prosecution of all
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`withdrawn claims.
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`STLD01-1291666-2
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`7
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`Monster Worldwide, Inc. Exhibit 1021 (p.7/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.7/73)
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`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
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`5.
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`SUMMARY OF THE CLAIMED SUBJECT MATTER
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`There are five (5) independent claims involved in this appeal, namely, Claims 5, 14, 209,
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`214 and 221. Independent Claim 219 has been allowed and is not part of this Appeal. Support
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`for the independent claims on appeal is set forth below by reference to the specification by page
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`and line number, and by reference to the appropriate drawings by reference characters.
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`Dependent Claim 205 is both rejected and merely objected to in the Final Office Action.
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`Although Applicant believes that Claim 205 is merely objected to and would be allowable if
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`rewritten in independent form, to preserve Applicant’s rights with respect to Claim 205,
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`Applicant is also appealing Claim 205 if such claim is rejected under 35 U.S.C. §103(a).
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`The present invention is directed to systems, methods, distributed networks and
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`computer—readable media which are provided to both candidates and employers for employment
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`services. In one embodiment, a career web site is provided wherein users wishing to search jobs
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`or candidate profiles do not have to register to gain access to a subset of features on the site.
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`Background information associated with a candidate’s capabilities and attributes is received from
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`a candidate in a structured format. Job description information is received from employers in a
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`structured format. Prospective matches are identified between employers and candidates, and
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`employers and candidates are given an opportunity to mutually consent to the exchange of
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`candidate contact information. This exchange of information takes place before any direct
`contact between a particular candidate and a particular employer. After such mutual consent has
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`been granted, a financial transaction is consummated wherein a user pays a fee to the career site
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`operator. The fee is generated when a user elects to purchase contact information corresponding
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`to a candidate profile. A participating user pays nothing until it identifies a candidate having an
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`STLD01-1291666—2
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`8
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`Monster Worldwide, Inc. Exhibit 1021 (p.8/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.8/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`appropriate set of skills and experience, and the candidate has expressed an interest in the
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`employer.
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`Independent Claim 5 is directed to a method executed by a computer processor for
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`authorizing information exchanged between at least one of a plurality of candidates and at least
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`one of a plurality of employers prior to any direct contact between the candidate and the
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`employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13; Fig. 12, Ref. Nos. 1206,
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`1208, 1209, 1210). The candidate will have one or more candidate attributes including candidate
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`minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2-5; Page 56,
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`Lines 6-17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer will have
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`one or more employer attributes including employer minimum requirements (Page 71, Line 20 to
`Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826). The one or
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`more candidate attributes and minimum requirements are then stored in a candidate database
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`which includes a searchable profile of the candidate (Page 22, Line 15 to Page 24, Line 19; Page
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`27, Lines 1-3; Fig. 2, Ref. Nos. 213—224; Fig. 3, Ref. No. 309). In similar fashion, the one or
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`more employer attributes and minimum requirements are stored in an employer database which
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`includes a searchable employer profile (Page 17, Line 20 to Page 18, Line 5; Page 43, Lines 10-
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`16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8-12; Fig. 8, Ref. No. 808). The
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`present method includes receiving a search request from either a candidate or an employer to
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`search the searchable profile of one of the candidate and employer databases for a possible
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`employment opportunity based upon certain search parameters (Page 19, Lines 10-15; Page 28,
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`Lines 1-2; Page 41, Lines 9—15; Page 42, Lines 12-19; Page 43, Lines 21-23; Page 49, Lines 15—
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`20; Fig. 2, Ref. Nos. 206, 212). Once the search request is received, the search request is
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`processed and results of the search request are provided to the requesting candidate or employer
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`STLD01-129l666-2
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`9
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`Monster Worldwide, Inc. Exhibit 1021 (p.9/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.9/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`(Page 19, Line 5 to Page 20, Line 15; Page 75, Line 21 to Page 83, Line 13; Fig. 4, Ref. Nos.
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`401, 409; Fig. 10, Ref. Nos. 1003, 1004, 1006, 1008, 1009, 1010). Once the search results are
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`provided to either the requesting candidate or employer, the method further includes receiving at
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`least one request for release of contact information from the requesting candidate or employer
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`based upon the search results (Page 62, Lines 10—18; Page 83, Line 21 to Page 84, Line 4; Fig. 4,
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`Ref. No. 414; Fig. 10, Ref. Nos. 1011, 1014). Once a request for release of contact information
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`has been received, the method then determines whether the attributes of the requesting candidate
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`or employer satisfy the minimum requirements of the non-requesting party (Page 19, Line 16 to
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`Page 20, Line 15; Page 62, Lines 19—23; Page. 63, Lines 1-18; Fig. 4, Ref. No. 417; Fig. 10, Ref.
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`No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752, 756). Once the minimum
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`requirements are determined, the method must receive a response from the non—requesting
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`candidate or employer consenting to the release of contact information to the requesting party
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`(Page 20, Line 16 to Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1—3; Page 88, Line 20
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`to Page 90, Line 11; Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos; 1201, 1206). Once
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`a positive response for the release of contact information has been received, the method then
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`obligates a payment due in real time based on the response to the request for release of contact
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`information wherein the payment due is a fee to a carrier site operator (Page 16, Line 16 to Page
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`17, Line 11; Page 90, Lines 14—19; Fig. 12, Ref. Nos. 1210, 1211, 1212, 1213). Once payment is
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`obligated, the contact information is provided to the requesting party in real time prior to any
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`direct contact between the candidate and the employer (Page 90, Lines 14-21; Fig. 12, Ref. No.
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`1210).
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`Independent Claim 14 is directed to a distributed network for facilitating the exchange of
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`contact information between at least one of a plurality of candidates and at least one of a
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`* STLD01-1291666-2
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`10
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`Monster Worldwide, Inc. Exhibit 1021 (p.10/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.10/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`plurality of employers (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9—13; Fig. 12, Ref.
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`Nos. 1206, 1208, 1209, 1210), the candidate having one or more candidate attributes including
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`candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2—5;
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`Page 56, Lines 6-17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer
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`having one or more employer attributes including employer minimum requirements (Page 71,
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`Line 20 to Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826).
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`The distributed network further includes means for managing enterprise data resources. This
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`means is identified in the specification at Page 24, Line 20 to Page 25, Line 19; Page 33, Lines 3-
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`9; Page 100, Lines 1—8; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309. The distributed network
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`further includes means for storing the candidate attributes and requirements in the candidate
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`database and means for providing at least a portion of the candidate database to be searched by
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`the candidate and employer. This means is identified in the specification at Page 35, Lines 7-15;
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`Page 36, Line 21 to Page 37, Line 5; Page 41, Line 22 to Page 42, Line 11; Page 44, Line 13 to
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`Page 45, Line 12; Page 46, Lines 5—23; Page 48, Lines 19-24; Page 100, Lines 1-8; Fig. 2, Ref.
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`Nos. 204, 205, 213-224; Fig. 3, Ref. No. 309. The distributed network further includes means
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`for storing the employer attributes and requirements in an employer database and means for
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`providing at least a portion of the employer database to be searched by the candidate and
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`employer. This means is identified in the specification at Page 40, Lines 9—21; Page 43, Lines
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`10-16; Page 44, Line 13 to Page 45, Line 12; Page 46, Lines 5-23; Page 48, Lines 19-24; Page
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`49, Lines 3-12; Page 100, Lines 1-8; Fig. 2, Ref. Nos. 210, 211, 213-224; Fig. 3, Ref. No. 309.
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`The distributed network further includes means for receiving a search request from either the
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`candidate or the employer to search the searchable portion of one of the candidate and employer
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`databases for a possible employment opportunity based upon certain search parameters. This
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`STLD01-1291666-2
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`1 1
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`Monster Worldwide, Inc. Exhibit 1021 (p.11/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.11/73)
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`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
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`means is programmable software and is identified in Fig. 2, Ref. Nos. 206, 212; Fig. 3, Ref. No.
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`303. The distributed network further includes means for processing the search request and
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`providing the results thereof to the requesting one of the candidate and employer. This means is
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`programmable software and is identified in Fig. 4, Ref. Nos. 401, 409; Fig. 8, Ref. No. 803; Fig.
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`10, Ref. Nos. 1003, 1004, 1006, 1008, 1009, 1010. The distributed network further includes
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`means for receiving a request for release of contact information from the requesting one of the
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`candidate and employer based upon the search results. This means is programmable software
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`and is identified in Fig. 11, Ref. Nos. 1101, 1103; Fig. 12, Ref. No. 1206. The distributed
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`network further includes means for determining that the attributes of the requesting one of the
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`candidate and the employer satisfy the minimum requirements of the non-requesting candidate or
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`employer. This means is programmable software and is identified in Fig. 4, Ref. No. 417; Fig.
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`10, Ref. No. 1017. The distributed network further includes means for determining that there is
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`mutual consent for the release of contact information regarding the candidate. This means is
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`programmable software and is identified in Fig. 11, Ref. No. 1108; Fig. 12, Ref. No. 1208. The
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`distributed network further includes means for computing a payment fee to the career site
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`operator in real time based on the mutual consent for the release of contact information. This
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`means is identified in the specification at Page 16, Line 22 to Page 17, Line 11; Fig. 12, Ref. No.
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`1211. The distributed network further includes means for obligating the payment fee in real time
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`to the career site operator. The means is identified in the specification at Page 90, Lines 14-19;
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`Fig. 12, Ref. No. 1211. The distributed network further includes means for collecting the
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`payment fee in real time. This means is identified in the specification at Page 91, Lines 1—9; Fig.
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`12, Ref. No. 1212. The distributed network further includes means for providing the exchange
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`of contact information in real time prior to any direct contact between the candidate and the
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`STLD01—1291666—2
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`12
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`Monster Worldwide, Inc. Exhibit1021 (p.12/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.12/73)
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`Application of: Marc Vianello
`Serial No.: 10/ 101,644
`Appeal Brief
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`employer. This means is identified in the specification at Page 22, Lines 6-8; Fig. 12, Ref. No.
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`1213.
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`Dependent Claim 17 is dependent directly upon independent claim 14 and further defines
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`the means for determining that there is mutual consent. More specifically, claim 17 further
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`requires that the means for determining that there is mutual consent include means for receiving
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`a response to the request for release of contact information from the non—requesting one of the
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`candidate and the employer. This means is again programmable software and is identified in
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`Fig. 2, Ref. Nos. 325, 326; Fig. 8, Ref. Nos. 831, 832; Fig. 11, Ref. Nos. 1101, 1103, 1105,
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`1108; Fig. 12, Ref. Nos. 1201, 1206, 1208.
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`Dependent Claim 205 is both merely objected to (See, Final Office Action, Page 7,
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`Paragraph 7) and rejected under 35 U.S.C. §103(a)) (§e_e_, Final Office Action, Page 7, first full
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`paragraph). Dependent Claim 205 is dependent directly upon Claim 5 and adds additional
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`method steps to the method of Claim 5. More particularly, dependent Claim 205 requires a
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`determination to be made before processing the search request as to whether the requesting one
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`of the candidate and employer was previously requested to provide a response to a request for
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`release of contact information and, if it is determined that either the employer or the candidate
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`was previously requested to provide a response to a request for releaSe of contact information
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`and no response was received, then precluding the non—responding employer or candidate from
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`further interaction with the system until a response is provided (Page 56, Line 20 to Page 57,
`Line 3; Fig. 3, Ref. Nos. 336, 337; Page 74, Lines 13—20; Fig. 8, Ref. Nos. 831, 832).
`Dependent Claim 208 is dependent directly upon claim 5 and adds additional method
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`steps to the method of Claim 5. More particularly, dependent claim 208 requires that if the
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`attributes of the requesting one of the candidate and employer do not satisfy the minimum
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`STLDOlu1291666-2
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`13
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`Monster Worldwide, Inc. Exhibit 1021 (p.13/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.13/73)
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`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
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`requirements of the non-requesting candidate or employer, then the present method will
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`communicate to the requesting one of the candidate and employer that at least one attribute of the
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`requesting party does not satisfy the minimum requirements of the non-requesting party (Page
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`19, Line 10 to Page 20, Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418,
`419‘; Fig. 10, Ref. Nos. 1017, 1018, 1019). The method further includes offering the opportunity
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`to the requesting one of the candidate and employer to change its at least one non-satisfying
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`attribute so as to satisfy the minimum requirements of the non—requesting party (Page 19, Line 10
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`to Page 20, Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418, 419; Fig.
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`10, Ref. Nos. 1017, 1018, 1019). Still further, in accordance with the method of claim 208, if the
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`requesting one of the candidate and employer changes its at least one non-satisfying attribute so
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`as to satisfy the minimum requirements of the non-requesting party, then the present method then
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`waits to receive a response from the non-requesting candidate or employer consenting to the
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`release of the contact information of the candidate to the employer (Page 19, Line 10 to Page 20,
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`Line 15; Page 84, Line 16 to Page 85, Line 8; Fig. 4, Ref. Nos. 417, 418, 419; Fig. 10, Ref. Nos.
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`1017,1018,1019).
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`Independent Claim 209 is directed to a method for operating a computer system for
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`authorizing information exchange between at least one of a plurality of candidates in at least one
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`of a plurality of employers prior to any direct contact between the candidate and the employer
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`(Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13; Fig. 12, Ref. Nos. 1206, 1208, 1209,
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`1210). The candidate will have one or more attributes including candidate minimum
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`requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2-5; Page 56, Lines 6—17;
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`Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer will have one or more
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`attributes including employer minimum requirements (Page 71, Line 20 to Page 72, Line 21;
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`STLD01-1291666-2
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`14
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`Monster Worldwide, Inc. Exhibit 1021 (p.14/73)
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`Monster Worldwide, Inc. Exhibit 1021 (p.14/73)
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`Application of: Marc Vianello
`Serial No.2 10/101,644
`Appeal Brief
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`Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824, 825, 826). The present method includes
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`storing the candidate attributes and requirements in a candidate database (Page 22, Line 15 to
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`Page 24, Line 19; Page 27, Lines 1—3; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309); storing
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`the employer attributes and requirements in an employer database (Page 17, Line 20 to Page 18,
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`Line 5; Page 43, Lines 10—16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8-12; Fig. 8,
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`Ref. No. 808); and establishing a portion of the employer database to be searchable by the
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`candidate (Page 41, Lines 16-19; Page 42, Lines 9-11; Page 53, Line 11 to Page 54, Line 6; Page
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`70, Lines 4—23; Page 72, Lines 18-20;.Page 74, Lines 8-12; Fig. 2, Ref. Nos. 210, 212; Fig. 8,
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`Ref. Nos. 808, 823, 824, 825, 826). The present method further includes receiving a search
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`request from a candidate to search the searchable portion of the employer database for a possible
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`employment opportunity based upon certain search parameters (Page 19, Lines 10—15; Page 28,
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`Lines 1—2; Page 41, Lines 9-15; Page 42, Lines 12—19; Page 43, Lines 21—23; Page 49, Lines 15—
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`20; Fig. 2, Ref. Nos. 206, 212). Once the search request is received, the method processes the
`
`search request and provides the results to the requesting candidate (Page 19, Line 5 to Page 20,
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`Line 15; Page 75, Line 21 to Page 83, Line 13; Fig. 4, Ref. Nos. 401, 409; Fig. 10, Ref. Nos.
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`1003, 1004, 1006, 1008, 1009, 1010). The method then waits to receive a request from the
`
`candidate to submit the candidate’s contact information to at least one employer based upon the
`
`search results (Page 62, Lines 10—18; Page 83, Line 21 to Page 84, Line 4; Fig. 4, Ref. No. 414;
`
`Fig. 10, Ref. Nos. 1011, 1014). When this request is received, the present method determines
`
`whether the attributes of the candidate satisfy the minimum requirements of the at least one
`
`employer (Page 19, Line 16 to Page 20, Line 15 ; Page 62, Lines 19—23; Page 63, Lines 1—18; Fig.
`
`4, Ref. No. 417; Fig. 10, Ref. No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752,
`
`756).
`
`If the minimum requirements are met, the method then waits to receive a response fiom
`
`STLD01-1291666-2
`
`15
`
`Monster Worldwide, Inc. Exhibit 1021 (p.15/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.15/73)
`
`
`
`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`the at least one employer that it desires to receive the contact information of the candidate (Page
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`20, Line 16 to Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1-3; Page 88, Line 20 to
`
`Page 90, Line 11; Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos. 1201, 1206). For each
`
`specific response received from the employer acknowledging or consenting to the receipt of
`
`contact information of the candidate, the present method obligates a payment due in real time to
`
`the employer based upon the employer’s consent to receive the contact information of the
`
`candidate wherein the payment due is a fee to a career site operator (Page 16, Line 16 to Page 17,
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`Line 11; Page 90, Lines 14-19; Fig. 12, Ref. Nos. 1210, 1211, 1212, 1213), and thereafter the
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`method provides the exchange of contact information in real time between the candidate and the
`
`at least one employer (Page 90, Lines 14—21; Fig. 12, Ref. No. 1210).
`
`Independent Claim 214 is directed to a method for operating a computer system for
`
`authorizing information exchange between at least one of a plurality of candidates and at least
`
`one of a plurality of employers prior to any direct contact between the candidate and the
`
`employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9—13; Fig. 12, Ref. Nos. 1206,
`
`1208, 1209, 1210). The candidate will likewise have one or more candidate attributes, including
`
`candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11; Page 55, Lines 2—5;
`
`Page 56, Lines 6—17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307), and the employer
`
`will likewise have one or more employer attributes, including employer minimum requirements
`
`(Page 71, Line 20 to Page 72, Line 21; Page 74, Lines 13—16; Fig. 8, Ref. Nos. 808, 823, 824,
`
`825, 826). This method includes storing the candidate attributes and requirements in a candidate
`
`database (Page 22, Line 15 to Page 24, Line 19; Page 27, Lines 13; Fig. 2, Ref. Nos. 213-224;
`
`Fig. 3, Ref. No. 309); storing the employer attributes and requirements in an employer database
`
`(Page 17, Line 20 to Page 18, Line 5; Page 43, Lines 10—16; Page 71, Line 16 to Page 72, Line
`
`STLD01-1291666—2
`
`16
`
`Monster Worldwide, Inc. Exhibit 1021 (p.16/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.16/73)
`
`
`
`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`21; Page 74, Lines 8-12; Fig. 8, Ref. No. 808); and establishing a portion of the candidate
`
`database to be searchable by the employer (Page 18, Lines 15-21; Page 22, Lines 20—23; Page 42,
`
`Lines 9-11; Page 55, Lines 21—23; Page 56, Lines 15—17; Fig. 2, Ref. Nos. 213—224; Fig. 3, Ref.
`
`No. 309). The present method further includes receiving a search request from an employer to
`
`search the searchable portion of the candidate database for a possible employment opportunity
`
`based upon certain search parameters (Page 19, Lines 10-15; Page 28, Lines 1-2; Page 41, Lines
`
`9—15; Page 42, Lines 12—19; Page 43, Lines 21—23; Page 49, Lines 15—20; Fig. 2, Ref. Nos. 206,
`
`212). Once the search request is received, the method processes the search request and provides
`
`the search results to the requesting employer (Page 19, Line 5 to Page 20, Line 15; Page 75, Line
`
`21 to Page 83, Line 13; Fig. 4, Ref. Nos. 401, 409; Fig. 10, Ref. Nos. 1003, 1004, 1006, 1008,
`
`1009, 1010). The method then waits to receive a request from the employer for release of
`
`contact information of at least one candidate based upon the search results (Page 62, Lines 10-
`
`18; Page 83, Line 21 to Page 84, Line 4; Fig. 4, Ref. No. 414; Fig. 10, Ref. Nos. 1011, 1014).
`
`When this request is received, the present method determines whether the attributes of the
`employer satisfy the minimum requirements ofthe at least one candidate (Page 19, Line 16 to
`
`Page 20, Line 15; Page 62, Lines 19—23; Page 63, Lines 1—18; Fig. 4, Ref. No. 417; Fig. 10, Ref.
`
`No. 1017; Fig. 7A, Ref. Nos. 702, 706; Fig. 7B, Ref. Nos. 752, 756). If the minimum
`
`requirements are met, the method then waits to receive a response from the at least one candidate
`
`that the candidate desires to release the contact information to the employer (Page 20, Line 16 to
`
`Page 21, Line 20; Page 75, Lines 1-7; Page 84, Lines 1—3; Page 88, Line 20 to Page 90, Line 11;
`
`Fig. 11, Ref. Nos. 1103, 1105, 1108; Fig. 12, Ref. Nos. 1201, 1206). For each specific response
`
`received from the candidate acknowledging or consenting to the release of contact information,
`
`the present method obligates a payment due from the employer in real time based on the at least
`
`STLD01-1291666-2
`
`17
`
`Monster Worldwide, Inc. Exhibit 1021 (p.17/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.17/73)
`
`
`
`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`Appeal Brief
`
`one candidate’s consent for release of contact information wherein the payment due is a fee to a
`
`career site operator (Page 16, Line 16 to Page 17, Line 11; Page 90, Lines 14-19; Fig. 12, Ref.
`Nos. 1210, 1211, 1212, 1213). Once payment is obligated, the present method then provides the
`
`exchange of contact information in real time between the at least one candidate and the employer
`
`(Page 90, Lines 14—21; Fig. 12, Ref. No. 1210).
`Independent Claim 221 is directed to a computer system (Page 14, Lines 9-20; Fig. 1,
`
`Ref. Nos. 110, 120, 140) for coordinating information exchange between at least one of a
`
`plurality of candidates and at least one of a plurality of employers prior to any direct contact
`
`between a candidate and an employer (Page 20, Line 20 to Page 21, Line 1; Page 21, Lines 9-13;
`
`Fig. 12, Ref. Nos. 1206, 1208, 1209, 1210). The candidate will have one or more candidate
`
`attributes, including candidate minimum requirements (Page 41, Line 22 to Page 42, Line 11;
`
`Page 55, Lines 2—5; Page 56, Lines 6—17; Fig. 2, Ref. No. 204; Fig. 3, Ref. Nos. 304, 306, 307),
`
`and the employer will have one or more employer attributes, including employer minimum
`
`requirements (Page 71, Line 20 to Page 72, Line 21; Page 74, Lines 13-16; Fig. 8, Ref. Nos. 808,
`
`823, 824, 825, 826). The computer system includes a processor (Page 14, Lines 9-20; Fig. 1,
`
`Ref. Nos. 110, 140); memory connected to the processor (Page 16, Lines 7-10; Fig. 1, Ref. Nos.
`
`110, 140); at least one program (Figs. 3—14) for controlling the operation of the processor (Page
`
`14, Line 9 to Page 15, Lines 2: fig. 1, Ref. Nos. 110,140); and an interface operable to
`
`communicate with the candidate and the employer (Page 14, Line 9 to Page 15, Line 23: Fig. 1,
`
`Ref. Nos. 110, 120). The processor is operable with the memory and with the at least one
`
`program (Page 14, Line 9 to Page 16, Line 10; Fig. 1, Ref. Nos. 110, 120, 140) to store the
`
`candidate attributes and requirements in a candidate database (Page 22, Line 15 to Page 24, Line
`
`19; Page 27, Lines 1-3; Fig. 2, Ref. Nos. 213-224; Fig. 3, Ref. No. 309); to store the employer
`
`STLD01-1291666-2
`
`18
`
`Monster Worldwide, Inc. Exhibit 1021 (p.18/73)
`
`Monster Worldwide, Inc. Exhibit 1021 (p.18/73)
`
`
`
`
`
`Application of: Marc Vianello
`Serial No.: 10/101,644
`
`Appeal Brief
`
`attributes and requirements in an employer database (Page 17, Line 20 to Page 18, Line 5; Page
`
`43, Lines 10—16; Page 71, Line 16 to Page 72, Line 21; Page 74, Lines 8—12; Fig. 8, Ref. No.
`
`808); to establish a searchable portion of both the candidate and employer databases (Page 18,
`
`Lines 15-21; Page 22, Lines 20-23; Page 41, Lines 16-19; Page 42, Lines 9—11; Page 53, Line 11
`
`to Page 54, Line 6; Page 55, Lines 21-23; Page 56, Lines 15—17; Page 70, Lines 4—23; Page 72,
`
`Line 18-20; Page 74, Lines 8—12); and to receive search requests from either the ca