Ex Parte ZIMMERMAN et al - Page 2




          Appeal No. 2002-0574                                                        
          Application No. 09/144,949                                                  


                    (a) reading an electronic price label data file to                
               obtain identification information for an item associated               
               with the electronic price label;                                       
                    (b) determining from the identification information               
               whether the item is the random weight item; and                        
                    (c) if the item is the random weight item, sending a              
               message to the electronic price label instructing the                  
               electronic price label to display only unit price                      
               information.                                                           
               The references relied on by the examiner are:                          
          Sundelin                 4,002,886                Jan.  11, 1977            
          O’Connor                 4,959,530                Sep.  25, 1990            
               Claims 1 through 6 stand rejected under 35 U.S.C. § 103(a)             
          as being unpatentable over Sundelin in view of O’Connor.                    
               Reference is made to the brief (paper number 11) and the               
          answer (paper number 12) for the respective positions of the                
          appellants and the examiner.                                                
                                       OPINION                                        
               We have carefully considered the entire record before us,              
          and we will sustain the obviousness rejection of claims 1, 2 and            
          4 through 6, and reverse the obviousness rejection of claim 3.              
               As shown in Sundelin (Figures 1 and 2), an electronic price            
          label 6 displays both a unit price 10, 11 and a total price for             
          an item.  The examiner acknowledges (answer, pages 4 and 5) that            
          “Sundelin fails to teach determining from the identification                

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