Ex Parte Ramsden et al - Page 4

            Appeal 2007-3141                                                                               
            Application 10/696,894                                                                         

        1       Claim 79 stands rejected under 35 U.S.C. § 103(a) as unpatentable over Hsieh,              
        2   Pusic, and Tateno.                                                                             

        3                                        ISSUES                                                    
        4       Thus, the issues pertinent to this appeal are                                              
        5      • Whether the Appellants have sustained their burden of showing that the                    
        6         Examiner erred in rejecting claims 77 and 80 under 35 U.S.C. § 103(a) as                 
        7         unpatentable over Hsieh and Pusic.                                                       
        8      • Whether the Appellants have sustained their burden of showing that the                    
        9         Examiner erred in rejecting claim 79 under 35 U.S.C. § 103(a) as                         
       10         unpatentable over Hsieh, Pusic, and Tateno.                                              
       11       The pertinent issue turns on whether Hsieh and Pusic suggest (1) displaying at             
       12   least two selectable delivery options with costs and (2) computing a cost for                  
       13   mailing a parcel or envelope to a destination as a function of weight and a selected           
       14   delivery option.                                                                               

       15                        FACTS PERTINENT TO THE ISSUES                                             
       16       The following enumerated Findings of Fact (FF) are believed to be supported                
       17   by a preponderance of the evidence.                                                            
       18       Claim Construction                                                                         
       19          01. Claim 77 contains the limitation that a cost for mailing a parcel or                
       20             envelope to a destination is a function of a weight and a selected delivery          
       21             option.                                                                              



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