Appeal No. 2003-0355
Application No. 09/217,725
OPINION
The Examiner relies on Walter for disclosing an apparatus
for self check-out which displays an item name having a first
word, a second word and a third word on an item list of the item
selection menu (answer, page 3). Indicating that Walter does not
specifically teach displaying a multitude of different
arrangements of the words, the Examiner further relies on Humble
and concludes that modifying Walter by producing many hierarchies
of groups and classes would have been obvious because such
arrangements would facilitate customer selection (id.). The
Examiner further asserts that although Walter does not disclose
the different arrangements of the words that describe the item,
the difference is merely related to nonfunctional descriptive
material which is not functionally involved in the recited steps
(id.).
Appellants argue that Humble provides no teaching or
suggestion to include multiple descriptions or versions of each
item name in its alphabetically arranged or hierarchically
organized list (brief, page 15). Appellants further assert that
it is the item list of Humble, in fact, includes only one entry,
description or version of each listed item, that can be arranged
in the form of many hierarchical groups (reply brief, page 3).
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