Ex Parte Cooney et al - Page 13



            Appeal No. 2007-1110                                                 Page 13                     
            Application No. 09/832,603                                                                       

            The rejection of claims 2-7 and 9-12 under 35 U.S.C. §103(a) over Burns, Horie,                  
            and Dudle.                                                                                       

                   Because Appellants argue claims  2-7 and 9-12 as a group, pursuant to the                 
            rules, the Board selects representative claim 2 to decide the appeal with respect to             
            this rejection, and claims 3-7 and 9-12  will stand or fall with claim 2.  37 C.F.R.             
            § 41.37(c)(1)(vii) (2006). Claim 2 reads as follows:                                             
                   2. In a computerized system, a method of determining what the cost of a part              
                   or service ought to be, the method comprising:                                            
                         establishing one or more databases that store a plurality costs                     
                   distributed among each of a plurality of cost components that are utilized for            
                   producing parts and services, wherein the cost components include one or                  
                   more of: design, manufacturing practices, supply chain management                         
                   techniques, labor rates, uptimes, and yields;                                             
                         providing a database interface for the database that allows remote                  
                   access by one or more users;                                                              
                         establishing a set of computer screens, including input fields into                 
                   which cost components are capable of being inputted either directly or                    
                   through menus that display options that are capable of being selected,                    
                   wherein the cost components are elements of cost areas such as material,                  
                   labor, capital, manufacturing and overhead;                                               
                         for each cost area, totaling a lowest cost potential for each cost                  
                   component, yielding a plurality of subtotals;                                             
                         totaling each of the plurality of subtotals, yielding a lowest potential            
                   cost that is the ought to be cost of the part or service.                                 

                   A. Issue                                                                                  
                   The issue is whether Appellants have shown that the Examiner erred in                     
            rejecting the claims over the cited prior art.                                                   






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