Ex Parte SHIMIZU et al - Page 8



                    Appeal No. 1999-1625                                                                                                                                  
                    Application No. 08/792,468                                                                                                                            

                    section 101 further includes . . . a scanner 57 . . . a                                                                                               
                    communication section 53.  See Appellants' disclosure page 54,                                                                                        
                    lines 7-11.  Also disclosed by Appellants is that                                                                                                     
                              [i]n order to prevent, in the POS system which employs                                                                                      
                              the scanning cart 100 of such construction . . . such                                                                                       
                              an unjust act of a customer accommodates as to                                                                                              
                              accommodate a commodity into the basket member 102                                                                                          
                              without performing a reading of the commodity code . .                                                                                      
                              . a control system of the scanning cart 100 and control                                                                                     
                              section 60 are constructed in such a manner as shown in                                                                                     
                              FIGS. 7 to 9.                                                                                                                               
                              See Appellants' disclosure page 55 line 25 to page 56 line                                                                                  
                    7.  Also disclosed is that "an unjust act that customer                                                                                               
                    accommodates a commodity 50 into the basket member 102 . . .                                                                                          
                    without performing scanning intentionally can be prevented."                                                                                          
                    See Appellants' disclosure page 63 lines 22-27.  The only                                                                                             
                    disclosure of purchasing structure being fixed to the cart is                                                                                         
                    figure 10 which simply shows the structures 53-57 being on the                                                                                        
                    cross bar of the cart 100.  Therefore, we find that the claimed                                                                                       
                    term "permanently fixed" is anything that attaches the purchasing                                                                                     
                    structure to the cart.                                                                                                                                
                              We find that Collins discloses commodity code reading                                                                                       
                    section (98), a prepaid card inputting processing section (88                                                                                         
                    and/or 90), a commodity price retrieval section and a data                                                                                            
                    updating section (102, 104, 106, 80, 110) which are permanently                                                                                       

                                                                                    88                                                                                    




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