Ex Parte LANDOM et al - Page 5



          Appeal No. 1999-0828                                       Page 5           
          Application No. 08/526,743                                                  

               We begin with independent claim 1.  The examiner's position4           
          (final rejection, page 3) is that Greulich "does not expressly              
          teach that the [business form] products are barcode printing                
          supply products."  To overcome this deficiency in Greulich, the             
          examiner takes Official notice (id.) that it "is old and well-              
          known in the art that barcode printing supply products are                  
          similar to business forms and require much of the same                      
          specification definitions for custom ordering, such as size,                
          punching and perforations, etc."  The examiner asserts (final               
          rejection, pages 3 and 4) that it would therefore have been                 
          obvious to modify the method of Greulich to provide price quotes            
          for barcode printing supply products.  The examiner notes (id.,             
          page 4) that although Greulich does not expressly teach that the            
          initial quote displayed is a default quote, that Greulich teaches           
          saving orders and opening saved orders.  The examiner takes                 
          Official notice5 that the use of default values is old and well             
               4 The rejection of claims 1-4, 9, 11, 17, and 18 under 35 U.S.C.       
          § 103(a), set forth in the final rejection has been incorporated, by        
          reference, into the examiner's answer (answer, page 3).                     
               5 The examiner (final rejection, page 8) adds a reference to Mastering 
          Windows 3.1 to support the examiner's taking of Official notice.  The examiner
          acknowledges (id.) that appellants have not specifically traversed the      
          examiner's statement that default values are old and well known.  On page 6 of
          the answer, the examiner refers to Mastering Windows 3.1, which appellants  
          note (brief, page 8) has not been applied in the rejection under appeal.    
               We note the following principle.  "Where a reference is relied on to   
                                                             (continued...)           





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