Ex parte SCHWARTZ et al. - Page 5




              Appeal No. 1998-0646                                                                                      
              Application No. 08/485,269                                                                                


              transaction data and asserted that it differed from that taught or suggested by Wright.  The              
              specification referenced states that “[f]urthermore, in one of the disclosed embodiments,                 
              data is transported from system 10 to a similar system using an IC card. It may also be                   
              desirable to download data such as accounting files from system 10 through a                              
              communications network to a remote computer which, for example, handles the billing.”                     
              Alone, we find this disclosure insufficient to define transaction records as accounting data,             
              but upon further review of the specification as filed, there are a number of discrete                     
              statements throughout the specification at pages 4, 9, 20, 25, 27-28, 39 and 40                           
              concerning the storage and updating of the shipping rates stored in the internal memory                   
              and the printing and storage of current  transaction records in the accounting information                
              files (see Fig. 9) of a nature which would be usable for accounting and billing purposes.                 
              Therefore, we interpret the “transaction records” in view of the disclosed meaning of the                 
              term in the specification.  The teachings and suggestions of Wright do not teach or                       
              suggest maintaining transaction records, for accounting purposes as disclosed in the                      
              instant specification, in the internal memory of the scale system.  Similarly, Hikita does not            
              teach or suggest the storage of shipping rates or transaction records in the internal                     
              memory as recited in the language of claim 201.                                                           
                     The examiner argues that “[s]imply giving data a different label, such as                          
              ‘transaction records’ or ‘shipping rates’ does not alter the data in any way.  The                        


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