Ex Parte Pekarek-Kostka

Board of Patent Appeals and Interferences

Jul 11, 2012

09974100 (B.P.A.I. Jul. 11, 2012)

UNITED STATES PATENT AND TRADEMARK OFFICE
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
APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO.
09/974,100 10/10/2001 Peter Pekarek-Kostka PEKK/105/US 7017
7590 07/12/2012
PETER PEKAREK-KOSTKA
9 WILD ROSE CT
CROMWELL, CT 06416
EXAMINER
AL HASHEMI, SANA A
ART UNIT PAPER NUMBER
2156
MAIL DATE DELIVERY MODE
07/12/2012 PAPER
Please find below and/or attached an Office communication concerning this application or proceeding.
The time period for reply, if any, is set in the attached communication.
PTOL-90A (Rev. 04/07)

UNITED STATES PATENT AND TRADEMARK OFFICE
____________________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
____________________

Ex parte PETER PEKAREK-KOSTKA
____________________

Appeal 2010-005123
Application 09/974,100
Technology Center 2100
____________________

Before ALLEN R. MacDONALD, KALYAN K. DESHPANDE, and
JASON V. MORGAN, Administrative Patent Judges.

MacDONALD, Administrative Patent Judge.

DECISION ON APPEAL

Appeal 2010-005123
Application 09/974,100

2
STATEMENT OF CASE
Introduction
Appellant appeals under 35 U.S.C. § 134(a) from a rejection of claims
1-20. We have jurisdiction under 35 U.S.C. § 6(b).
Exemplary Claim
Exemplary claim 1 under appeal reads as follows (emphasis added):
1. A method for effectuating access to always current and
accurate personal identifying contact information including the
information elements of name and address, comprising:
providing a data processing entity for electronically storing,
retrieving, searching, analyzing, and rearranging personal identifying
contact information elements including name and address for a
multiplicity of contact information records corresponding to a
respective multiplicity of users, and which is connectable
electronically to users;
wherein upon submission of said personal identifying contact
information from multiple users, some or all personal identifying
contact information elements are searched by the data processing
entity and analyzed for similarity based upon predetermined criteria,
and links or pointers between the submitted information about a
user and the corresponding record of the user are established, which
enable any one user to update or change personal identifying contact
information electronically, and have those updates or changes
available to other users.
Appeal 2010-005123
Application 09/974,100

3
Appellant’s Contention
Appellant contends that the Examiner erred in rejecting claims 1-20
under 35 U.S.C. § 102(e) as being anticipated by Mozayeny (US
2002/0035493 A1) because:
The examiner incorrectly interprets appellant’s use of the term
link as a physical connectivity between elements. In appellant’s
invention and claims the terms link or pointer refer to a
symbolic link between contact information entries in various
users’ address books.
(Reply Br. 6).

Issues on Appeal
Whether the Examiner has erred in rejecting claims 1-20 as being
anticipated because Mozayeny fails to disclose the “link” claim limitation?

ANALYSIS
We agree with the Appellant’s above contention. Therefore, Appellant
has established that the Examiner erred with respect to the rejection of
claims 1-20.

CONCLUSIONS
(1) Appellant has established that the Examiner erred in rejecting
claims 1-20 as being anticipated under 35 U.S.C. § 102(e).
(2) On this record, claims 1-20 have not been shown to be
unpatentable.
Appeal 2010-005123
Application 09/974,100

4

DECISION
The Examiner’s rejection of claims 1-20 is reversed.

REVERSED

ELD