Appeal No. 2001-1018
Application 09/211,688
observe that the examiner has not provided any guidance as to
exactly where he believes a “self-service checkout terminal”
like that claimed by appellants is to be found in Schwartz.
Nor has the examiner pointed to any teaching in Schwartz
relating to the requirement in each of method claims 1 and 13
on appeal of “operating said self-service checkout terminal so
as to allow said customer to enter said number of items into
said self-service checkout terminal in response to generation
of said audit-required control signal,” i.e., operating a
self-service checkout terminal so that the customer is allowed
to perform a self-audit at that terminal. The express
disclosure of Schwartz (e.g., col. 2, lines 16-45) is that the
customer is directed to a manual checkout table (41, 42) when
an audit or spot check is required, where the items for
purchase are put on the checkout counter in the normal way and
then checked out manually by a cashier or operator who reads
the prices directly from the items and punches the amounts in
manually on a register or uses another type of input device.
Thus, the audits conducted in the system of Schwartz take
place at assisted checkout terminals, not self-service
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