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). - 4 -Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007