Ex Parte ALLPORT et al - Page 5



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

               the method in a manipulative sense, i.e., the closed                   
               system meter determines the postal code and prints the                 
               postal code on the mailpiece, and therefore is not                     
               purely ornamental.                                                     
               Thus, according to this position, the subject matter of                
          claim 1 on appeal requires that a closed system postage meter not           
          only perform the explicit function of coupling a scanning device            
          to the closed system postage meter but also requires that the               
          functions of scanning, determining and printing the postal code             
          on the mailpiece, which postal code corresponds to the scanned              
          recipient address, must be performed by the closed system postage           
          meter.                                                                      
               Neither reference applied by the examiner in formulating the           
          rejection under 35 U.S.C. § 103 teaches such a closed system                
          environment.                                                                
               Appellants argue that Kara is an open system.  We agree.               
          The open system definition at page 13 of the Postal Service 37              
          CFR document indicates that such a system does not require that             
          the implementing components be dedicated to the printing of                 
          postage information functions.  This is easily determinable by              
          viewing Fig. 1A of Kara which is characterized as a general                 
          purpose computer or personal computer in the corresponding text             
          of this patent.  Note also the Field of Invention discussion at             

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