Appeal No. 1999-1625
Application No. 08/792,468
the brief. However, Appellants argue that Collins fails to teach
that these structures are permanently fixed to the transportable
accommodation section. See page 6, lines 13-18 of the brief.
As pointed out by our reviewing court, we must first
determine the scope of the claims. "[T]he name of the game is
the claim." In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d
1523, 1529 ( Fed. Cir. 1998).
We note that the claim recites the following:
comprising . . . said commodity code reading section,
said prepaid card inputting processing section, said
commodity price retrieval section and said data
updating section are permanently fixed to said
transportable accommodation section. (Emphasis added).
When we turn to the Appellants' disclosure to determine what
is meant by the term "permanently fixed," we find very little
disclosure of how these purchasing structures are "fixed."
Specifically, we find that Appellants disclose that "the present
invention is applied to such a scanning cart or shopping cart 100
. . . as a purchased commodity accommodating and transporting
apparatus having a self-scanning function." See Appellants'
disclosure page 53, lines 15-19 and figure 10. Further disclosed
is "a basket member 102 . . . which serves as an accommodation
section." See Appellants' disclosure page 53, lines 21-23 and
figure 11. Additionally, Appellants' disclose that "[t]he cart
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