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 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007