Appeal No. 95-4383
Application 08/110,456
rejected under 35 U.S.C. § 103 as being unpatentable over
Barns-Slavin ('397)" (final Office action at 2; Answer at 3).
As a result, we, like appellants, will consider only that
reference. See In re Hoch, 428 F.2d 1341, 1342, 166 USPQ 406,
407 (CCPA 1970) (where a reference is relied on to support a
rejection, even in a minor capacity, there is no excuse for
not positively including the reference in the statement of the
rejection).
Barns-Slavin discloses a carrier management system which
permits the user to determine the cost of shipping parcels via
a number of different carriers and classes, including any
applicable discounts (col. 1, lines 7-13). In addition to 3
determining the mailing or shipping charges for a parcel, the
system may be used "to print a manifest, label, tag etc.
related to the shipping of the parcel" (col. 3, lines 5-9).
As shown in Figure 2, the system includes, inter alia, a
microprocessor 20, keyboard 14, load cell (i.e., weighing
device) 23, display 15, printer(s) 24, RAM 26, removable PROM
3Thus, appellants are correct to say that the examiner
erred in describing Barns-Slavin a disclosing "a postage
metering system" (Answer at 3).
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