Ex Parte ALLPORT et al - Page 3



          Appeal No. 2003-1052                                                        
          Application 09/222,644                                                      

               At the outset, we make reference to our consideration of the           
          United States Postal Service document issued on January 12, 1999            
          entitled "Information Based Indicia Program (IBIP), Performance             
          Criteria For Information-Based Indicia and Security Architecture            
          For Closed IBI Postage Metering Systems (PCIBI-C)."  To the                 
          extent appellants and the examiner rely upon this document for              
          their respective positions as to the glossary definitions therein           
          relating to a "closed system" and to an "open system," our                  
          decision cannot be based upon this document since its publication           
          date is after the present application's filing date of December             
          30, 1998.                                                                   
               Pages 7 and 8 of the answer makes reference to the United              
          States Postal Services proposed rule for 39 CFR parts 111 and 502           
          dated March 28, 1997.  Although there is no evidence before us              
          that this document did mature into a final rule, the definitions            
          of an open system and closed system at pages 13 and 14 of this              
          document (see also the appendix to this opinion) that is a part             
          of the application file are somewhat consistent with the                    
          definitions of the United States Postal Services proposed IBIP              
          program document dated January 12, 1999.                                    



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