Ex parte GILMORE et al. - Page 3




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


          bar codes on mail pieces with a machine reader to determine                 
          whether a minimum denomination of postage is affixed and                    
          rejecting mail pieces having a stamp below the minimum.                     
          Examiner’s Answer at 4 and 5.                                               
               Appellants challenge that finding.  Substitute Appeal                  
          Brief at 11 and 13.  In response, the examiner refers to the                
          following passage from Whitehouse:                                          
               In this way, the same bar code scanners which                          
               read the ZIP+4 encoding for sortation purposes can                     
               also read and store the amount of postage and                          
               originating account number.  Therefore, postage                        
               expenditure could be compared with postage purchases                   
               for any user of this technology.  This would offer                     
               the U.S.P.S. a new and unprecedented level of                          
               accountability.  Column 9, lines 44-50.                                
               Whitehouse also states that “[b]y accountability, we mean              
          how the application of proper postage is confirmed by the                   
          U.S.P.S.”  Column 8, lines 61-63.  The examiner uses that                   
          passage to contend that Whitehouse suggests checking for a                  
          minimum amount of affixed postage, i.e., “proper postage.”                  
          However, it is clear from Whitehouse as a whole that “proper                
          postage” refers only to whether postage affixed by a meter was              
          properly authorized and paid for.  Whitehouse is a system for               
          combating counterfeit meter postage, not for checking whether               


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Last modified: November 3, 2007