Appeal No. 2001-1018
Application 09/211,688
anticipate the subject matter of appellants’ independent
claims 1, 7, 13 and 18 on appeal, or that of claims 2, 8, 14,
15 and 19 which depend therefrom. Accordingly, the examiner’s
rejection of claims 1, 2, 7, 8, 13 through 15, 18 and 19 under
35 U.S.C. § 102(b) based on GB ‘575 will not be
sustained.
We next look to the examiner’s rejection of claims 1
through 4, 7 through 10, 13 through 15, 18 and 19 under 35
U.S.C. § 102(b) as being anticipated by GB ‘395. This
reference is to the same inventors as GB ‘575 and appears to
be an improvement over GB ‘575 wherein the retail system or
store controller (16) is programmed to decide when the scanned
purchases, although incorrectly scanned, are sufficiently
close to the correct scanning as to be acceptable for the
customer to remain at the presently assigned check level and
not be demoted to a check level where future purchases will be
more frequently audited. Other than the above-noted difference
in the action that may be taken if a customer has mistakenly
scanned his/her purchases, the retail system and method of GB
10
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