Ex Parte KOMAI - Page 5




          Appeal No. 2001-2286                                                        
          Application 09/022,193                                                      


                                   OPINION                                            
               With full consideration being given to the subject matter on           
          appeal, the Examiner’s rejection and the arguments of Appellant             
          and Examiner, for the reasons stated infra, we reverse the                  
          Examiner’s rejection of claims 1 through 7 under 35 U.S.C. § 103.           
               In the brief and reply brief, Appellant argues that neither            
          Suzuki nor Francisco teaches or suggests a means for executing a            
          special registration mode in which registered sales information             
          is stored in a second sub-portion of the special purchasers.                
          Appellant further argues that neither Suzuki nor Francisco                  
          teaches or suggests a sales information storage means which                 
          includes total quantity and total price for each item sold.                 
               As pointed out by our reviewing court, we must first                   
          determine the scope of the claim.  “[T]he name of the game is the           
          claim.”  In re Hiniker Co., 150 F.3d 1362, 1369, 47 USPQ2d 1523,            
          1529 (Fed. Cir. 1998).  Claims will be given their broadest                 
          reasonable interpretation consistent with the specification, and            
          limitations appearing in the specification are not to be read               
          into the claims.  In re Etter, 756 F.2d 852, 858, 225 USPQ 1, 5             
          (Fed. Cir.) cert. denied, 474 U.S. 828 (1985).                              



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