Ex parte RECKTENWALD et al. - Page 7




          Appeal No. 1999-1780                                                         
          Application No. 08/651,630                                                   


          for in claim 28, namely, the item identified by the claimed                  
          “item identifying means” from a database based upon the                      
          identification of the customer by the claimed “customer                      
          identifying means.”  While the display means 20 of Lohrey can                
          display instructions (column 5, lines 50-55) or items dropped                
          off (column 6, lines 50-60), these items do not correspond to                
          the identified item that the claimed display means displays.                 
          For this reason, we conclude that the examiner has not                       
          established a prima facie case of anticipation of claim 28 based             
          on Lohrey.                                                                   


               We therefore shall not sustain the standing anticipation                
          rejection or of claim 28, of claims 29-32, 35, 36 and 53 that                
          depend from claim 28.                                                        
          Independent claim 37                                                         
               Independent claim 37 is directed to an item processing                  
          method, and includes the step of                                             
                    displaying selections allowing a customer to                       
               choose whether the customer is picking up an item,                      
               returning an item for exchange or refund, or dropping                   
               off an item for servicing.                                              



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