Ex Parte SHIMIZU et al - Page 11



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

          pay for the commodity at said first selection site.  Thus, we               
          will sustain the Examiner's rejection of claims 27, 30 and 32               
          through 34.                                                                 
               Now we turn to the rejection of claim 28 under 35 U.S.C.               
          § 103 as being unpatentable over Collins and Gogulski.                      
          Appellants make the argument that this claim is allowable due to            
          its dependency on claim 27 and that, "none of the prior art                 
          references suggest selecting commodities at two different                   
          selection sites and paying for those commodities using a payment            
          processor attached to the transportable container at one of the             
          selection sites."  See page 9, lines 7, 8 and 11-13 of the brief.           
               We note that claim 28 is dependent upon claim 27.  As stated           
          above, we find that Collins teaches that the invention "enables a           
          check-out operation to occur anywhere in the store where an                 
          electrical receptacle 66 is located."  See column 5, lines 49-51.           
          Therefore, we find that Collins' scanning system attached to a              
          cart (i.e., a transportable container) allows a purchaser to                
          select a second commodity to be purchased at a second selection             
          site, different from the first selection site, read a second                
          commodity code of the second commodity at the second selection              
          site and pay for the second commodity as a function of the second           
          commodity code read at the second selection using the payment               
                                         1111                                          




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