Ex Parte KADABA - Page 11




              Appeal No. 2002-0419                                                                                        
              Application No. 08/457,732                                                                                  


              computer and displayed “with the screen device when preparing said parcel for                               
              shipping.”  Therefore, the examiner’s line of reasoning concerning stored data does not                     
              meet the claimed limitation of “when preparing,” but rather, would go to reviewing after                    
              the parcel is prepared.                                                                                     
                     With respect to disabling the non-selectable features, the examiner takes Official                   
              Notice and references the operating systems of MACINTOSH and WINDOWS, but has                               
              not related this to whether the intelligent terminals/telephones of Haddock or Weiss use                    
              these operating systems with their limited processing capabilities.  (See answer at                         
              pages 12-13.)  Appellant argues that the examiner has relied upon hindsight in an                           
              attempt to reconstruct the claimed invention.  (See brief at page 16.)  We agree with                       
              appellant and do not find that the examiner has appropriately used Official Notice here.                    
              Therefore, for the above reasons and those set forth with respect to independent                            
              claim 1, we cannot sustain the rejection of independent claim 40.                                           













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