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`PATENT OWNER
`EXHIBIT 2014
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`EXHIBIT 20 1 4
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313- 1450
`www.uspto.gov
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`APPLICATION NO.
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`F ING DATE
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`FIRST NAMED INVENTOR
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`ATTORNEY DOCKET NO.
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`CONF {MATION NO.
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`10/365,298
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`02/12/2003
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`David Gerard Herbeck
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`ROC920020187US 1
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`8187
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`75” Wcm A. Johnson
`IBM Corporation, Dept. 917
`OSMAN, RAMY M
`3605 Highway 52 North
`PAPER
`ART UNIT
`Rochester, MN 55901-7829
`‘ NW
`2457
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`BER
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`MAIL DATE
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`01/28/2011
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`DELIVERY MODE
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`PAPER
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`The time period for reply, if any, is set in the attached communication.
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`PTOL—90A (Rev. 04/07)
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`UNITED STATES PATENT AND TRADEMARK OFFICE
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`BEFORE THE BOARD OF PATENT APPEALS
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`AND INTERFERENCES
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`Ex parte DAVID GERARD HERBECK
`and
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`SUSETTE MARIE TOWNSEND
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`Appeal 2009—008033
`Application 10/365,298
`Technology Center 2400
`
`Before ROBERT E. NAPPI, CARLA M. KRIVAK, and
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`ELENI MANTIS MERCADER, Administrative Patent Judges.
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`KRIVAK, Administrative Patent Judge.
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`DECISION ON APPEAL1
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`Appellants appeal under 35 U.S.C. § 134(a) from a final rejection of
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`claims 1-5, 8-17, 25, and 26. We have jurisdiction under 35 U.S.C. § 6(b).
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`We reverse.
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`1 The two—month time period for filing an appeal or commencing a civil
`action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing,
`as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE”
`(paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery
`mode) shown on the PTOL—90A cover letter attached to this decision.
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`
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`Appeal 2009-008033
`Application 10/365,298
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`STATEMENT OF THE CASE
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`Appellants’ claimed invention is a method for improving the response
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`time to IT problems by employing an intelligent agent for selecting an
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`administrator ready and qualified to respond to an alert (Abstract).
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`Independent claim 1, reproduced below, is representative of the
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`subject matter on appeal.
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`1. A computer—implemented method of responding to a problem
`condition, comprising:
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`automatically detecting availability of a first candidate to
`respond to a problem condition;
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`responsive to the detecting:
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`automatically assigning responsibility for the problem condition
`to the first candidate; and
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`receiving a confirmation from the first candidate indicating
`acceptance of responsibility for the problem condition.
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`REFERENCES
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`The Examiner rejected claims 1-5, 8-17, 25, and 26 under 35 U.S.C.
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`§ 102(e) based upon the teachings of Venkatesh (US 7,120,647 B2).
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`Appellants contend the Examiner is incorrect in finding Venkatesh
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`teaches, in a computer—implemented method, “automatically” detecting
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`availability of a first candidate, assigning responsibility, or selecting a
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`qualified candidate available to respond (App. Br. 10; Reply Br. 1-2; Supp.
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`Reply Br. 1-2).
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`The Examiner responds that because “Venkatesh teaches user inputs
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`into a computer, this demonstrates the computer processes the inputs
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`Appeal 2009-008033
`Application 10/365,298
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`“automatically” and thus satisfies the broad claim language” (Ex. Resp. to
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`Reply Br. 2). We do not agree. As asserted by Appellants, Venkatesh
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`teaches a user manually selects several experts provided by the system (App.
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`Br. 10). Merely because Venkatesh has “computers as both client and server
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`systems .
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`.
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`. that communicate with each other” does not provide support for
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`automatically performing various steps as part of a computer—implemented
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`method as claimed (Reply Br. 3). Since all the independent claims contain
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`the feature of “automatically,” claims 1-5, 8-17, 25, and 26 do not teach all
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`the features of Appellants’ claimed invention.
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`DECISION
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`The EXaminer’s decision rejecting claims 1-5, 8-17, 25, and 26 is
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`reversed.
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`REVERSED
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`kis
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`Grant A. Johnson
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`IBM Corporation, Dept. 917
`3605 Highway 52 North
`Rochester, MN 55901-7829