Ex parte GOODWIN - Page 2




          Appeal No. 1997-3500                                       Page 2           
          Application No. 08/338,055                                                  


               Claim 2 is illustrative of the claimed invention, and it               
          reads as follows:                                                           
               2.   A method of assigning electronic shelf labels to                  
          merchandise items within a price look-up table comprising the               
          steps of:                                                                   
               (a) determining a price change frequency for each                      
          merchandise item by a computer; and                                         
               (b) assigning the electronic shelf labels to items having              
          a price change frequency greater than a predetermined minimum               
          price change frequency by the computer.                                     

               The references relied on by the examiner are:                          
          Gomersall et al. (Gomersall)            4,500,880           Feb.            
          19, 1985                                                                    
          Hunt                                    5,111,196           May             
          5, 1992                                                                     
          Poland et al. (Poland)             5,172,314           Dec. 15,             
          1992                                                                        
          Spiegelhoff et al. (Spiegelhoff)   5,402,336           Mar. 28,             
          1995                                                                        
                                                      (filed Jan. 15,                
          1993)                                                                       
               Claims 2 through 17 stand rejected under 35 U.S.C. § 103               
          as being unpatentable over Poland in view of Gomersall, Hunt,               
          Spiegelhoff and common knowledge.                                           
               Reference is made to the briefs and the answers for the                
          respective positions of the appellant and the examiner.                     
                                       OPINION                                        








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