Ex parte GILMORE et al. - Page 2




          Appeal No. 96-3645                                                          
          Application 08/154,167                                                      


          (a)  providing a stamp with a bar code thereon representative               
          of a postage denomination for application to a mail piece by                
          the postal user at a postal bearing area;                                   

          (b)  affixing said stamp to said mail piece;                                
          (c)  collecting and depositing the stamp-bearing mail piece;                
          (d)  initially sorting so that mail pieces of a similar class               
          are commonly grouped;                                                       
          (e)  orienting the mail pieces so that the postal-bearing                   
          areas are aligned;                                                          
          (f)  automatically scanning the bar codes on the mail piece                 
          with a machine reader to determine whether a minimum                        
          denomination of postage is affixed; and                                     
          (g) rejecting the postage material having a stamp below a                   
          postage denomination from the processing line.                              
               The examiner’s Answer cites the following prior art:                   
          Wright et al. (Wright)      4,900,904           Feb. 13, 1990               
          Whitehouse                  5,319,562           Jun.  7, 1994               
          (filed Aug. 22, 1991)                                                       
                                                                                     
                                       OPINION                                        
               The claims stand rejected under 35 U.S.C. § 103 as                     
          unpatentable over Wright in view of Whitehouse.  We reverse                 
          for the reasons given by Appellants, amplified as follows.                  
               The examiner’s rejection is based on a factual finding                 
          that the references both disclose automatically scanning the                

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