Ex Parte ALLPORT et al - Page 9



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

               In an open metering system, the indicia are made                       
               secure by including addressee information in the                       
               encrypted evidence of postage printed on the mailpiece                 
               for subsequent verification.  It is an absolute                        
               requirement of the United States Postal Service that an                
               open system indicium include the destination zip code                  
               in the barcode data of the indicium (see Information                   
               Based Indicia Program (IBIP) Open System Indicium                      
               Specification, dated July 23, 1997).  The system of                    
               Cordery et al. requires that each digital token must                   
               include encrypted information based on the recipient                   
               address for verification to occur because the system                   
               of Cordery et al. is an open metering system, and not                  
               a closed metering system.                                              
               Because we have concluded that both references relied upon             
          by the examiner to formulate the rejection under 35 U.S.C. § 103            
          are open systems, the combined teachings and suggestions of them            
          within 35 U.S.C. § 103 would not have yielded the claimed subject           
          matter of independent claim 1 on appeal regarding a closed system           
          postage meter.                                                              
               In reaching our decision to reverse the rejection for the              
          claims on appeal under 35 U.S.C. § 103, we observe in passing               
          that there appears to be somewhat blurred distinctions between              
          open and closed systems in the art surrounding the timeframe of             
          the filing date of December 30, 1998 of this application.  At the           
          bottom of page 9 of the specification as filed, appellants make             
          reference to a prior art virtual, closed system postage meter as            
          described in the Serial No. 08/993,358, filed on December 18,               

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