Appeal No. 97-1931
Application 08/364,826
obvious to the artisan that more than 100 items would form a
typical order. Therefore, we sustain the rejection of claim 23.
Claim 24 stands or falls with claim 12 [brief, page 33].
Claim 25 contains the same limitation as claim 23. Accordingly,
the rejection of claim 25 is sustained for the same reasons
discussed above with respect to claim 23.
In summary, the rejection of claims 1-25 as unpatentable
over the teachings of Dworkin is sustained with respect to claims
1-16, 18 and 22-25, but is not sustained with respect to claims
17 and 19-21. Accordingly, the decision of the examiner
rejecting claims 1-25 is affirmed-in-part.
No time period for taking any subsequent action in
connection with this appeal may be extended under 37 CFR
§ 1.136(a).
AFFIRMED-IN-PART
)
JERRY SMITH )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
MICHAEL R. FLEMING )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
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