Appeal No. 2001-1018
Application 09/211,688
checkout terminals which allow a customer to perform a self-
audit as set forth in appellants’ claims on appeal.
Regarding appellants’ claim 7 directed to a retail
system, we find nothing in Schwartz which corresponds to the
self-service checkout terminal recited therein having a
terminal memory device electrically coupled to a processing
unit therein, with said terminal memory device having stored
therein a plurality of instructions which, when executed by
the processing unit, causes the processing unit of the self-
service terminal to perform the functions (a) through (d) set
forth in the last four clauses of claim 7, and particularly
the function in clause (d).
The examiner has again taken the position (answer, page
12) that the recitation “so as to allow said customer to enter
said number of items . . .” in appellants’ claims on appeal
“is not given any patentable weight since the checkout
terminal cannot distinct [sic, distinguish] whether the
customer or the cashier is going to re-enter the number of
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