Appeal No. 2003-0961
Application No. 09/298,782
“the unique information captured by the postal units” to
determine if a proper amount of postage has been paid for
servicing and handling of the mail. Each of the rejections on
appeal rests on the examiner’s apparent finding (see pages 3, 8
and 9 in the answer) that the foregoing claim limitations
relating to the unique information captured and stored by the
postal units are met by Berson’s product usage profile. This
product usage profile, however, is merely a running statistical
representation of the average cost of a mail piece. It does not
constitute unique information specifically identifying each mail
piece and its amount of postage as set forth in claim 1. Indeed,
Berson’s express rejection of so-called 100% verification methods
as too costly and impractical ostensibly teaches away from postal
units that capture and store the unique information defined in
claim 1. Hence, Berson does not disclose, and would not have
suggested, the system recited in claim 1.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 102(e) rejection of independent claim 1, and dependent claims 2
through 13, as being anticipated by Berson, or the standing 35
U.S.C. § 103(a) rejection of dependent claims 14 and 16 through
18 as being unpatentable over Berson.
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