Appeal No. 1999-1780
Application No. 08/651,630
We find that the customer service panel illustrated in
Figure 2 of Lohrey performs the step of displaying selections
allowing the customer to choose whether to pick up an item or
drop off an item for servicing. In this regard, note the
selection buttons labeled “DROP OFF” and “PICK UP” that are
located on the right side of the customer service panel above
the telephone speaker 44. See also, column 7, lines 10-19. The
examiner has not pointed out, and it is not apparent to us,
where Lohrey discloses displaying among the selections available
to the customer the option of “returning an item for exchange or
refund,” which we regard as being a third service choice
different and distinct from the pick up or drop off service
choices disclosed by Lohrey. We note the examiner’s position
(answer, page 6) that since the services listed in the claim are
connected by the alternative “or,” Lohrey does not have to
disclose each and every one of the listed service choices;
however, we simply disagree with the examiner on this point.
Furthermore, the examiner’s position (answer, page 6) that the
disclosure of Lohrey “would suggest to one skilled in the
customer service art other normal customer services such as item
exchange or refund” is inappropriate in that the issue before us
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