Ex parte SPIEGELHOFF et al. - Page 20




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



          With respect to claims 13-15, appellants again argue the                    
          distinction of performing steps automatically in the claims as              
          compared to manual interaction in Dworkin.  The automatic                   
          performance of the claimed steps would have been obvious to the             
          artisan for reasons discussed above.                                        
          With respect to claim 16, appellants repeat the arguments                   
          made with respect to the rejection of claim 5.  These arguments             
          are not persuasive for the same reasons discussed above.                    
          With respect to claim 17, appellants argue that Dworkin                     
          is devoid of any suggestion of revising an allocation of                    
          resources to meet a designated ordering criterion.  We agree.               
          Dworkin’s recognition that items purchased in quantity cost less            
          per item is not related to the idea of allocating resources to              
          comply with a designated ordering criterion.  Dworkin contains no           
          suggestion as to why the user would revise the preferred                    
          allocation in order to meet such ordering criterion.  Therefore,            
          we do not sustain the rejection of claim 17.                                
          With respect to claim 18, appellants make the same                          
          arguments as they made with respect to the rejection of claim 6.            
          These arguments are not persuasive for the same reasons discussed           
          above.                                                                      

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