Ex parte SPIEGELHOFF et al. - Page 3




          Appeal No. 97-1931                                                          
          Application 08/364,826                                                      


                    (ii) means for automatically evaluating, on an item-by-           
          item basis, the price information obtained by said means for                
          obtaining, and for automatically selecting, on an item-by-item              
          basis, one of said at least two warehouses for the delivery of              
          each of said items based on a predetermined price-based                     
          criterion, and                                                              


                    (iii) means, electronically linked to and responsive to           
          said means (ii), for automatically creating said order files for            
          ordering each of said items from the warehouse selected for                 
          delivery of that item.                                                      
          The examiner relies on the following reference:                             
          Dworkin                       4,992,940          Feb. 12, 1991              
          Claims 1-25 stand rejected under 35 U.S.C. § 103.  As                       
          evidence of obviousness the examiner offers Dworkin taken alone.            
          Rather than repeat the arguments of appellants or the                       
          examiner, we make reference to the briefs and the answers for the           
          respective details thereof.                                                 
          OPINION                                                                     
          We have carefully considered the subject matter on                          
          appeal, the rejection advanced by the examiner and the evidence             
          of obviousness relied upon by the examiner as support for the               
          rejection.  We have, likewise, reviewed and taken into                      
          consideration, in reaching our decision, the appellants'                    
          arguments set forth in the briefs along with the examiner's                 



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