Ex Parte Weiss - Page 5




              Appeal No. 2003-1146                                                                                       
              Application No. 09/595,249                                                                                 


              Therefore, according to the examiner, the estimate-related specifications exist                            
              simultaneously with the actual print job specifications in Freedman [answer, pages 17-                     
              19].  Appellant responds that there is no preexisting production data in Freedman, and                     
              therefore, step (b) is completely absent from Freedman and the comparison of step (d)                      
              cannot be formed.  Appellant also asserts that the examiner’s correlations of the                          
              template to actual print job specifications and the rules with the estimate-related                        
              specifications are incorrect [reply brief, pages 1-4].                                                     
                     Before the merits of this rejection can be determined, one must understand                          
              exactly what is being claimed.  Claim 1 essentially recites the comparison of estimated-                   
              related specifications of the job quote with actual print job specifications which are                     
              determined from analyzing the production data.  Since these terms do not have explicit                     
              or implicit meanings, we look to the specification for help in understanding these terms.                  
              The production data is the actual contents that a client wishes to have printed and is                     
              stored in an electronic document.  A print job is also the product desired by the client,                  
              and actual print job specifications refer to this production data [specification, page 5].                 
              Therefore, the claimed actual print job specifications represent the actual specifications                 
              of the product desired by the client as represented in an electronic document.  The job                    
              quote is defined as the specifications that describe the desired print job, and these                      
              specifications are also stored in an electronic file [Id.].  This definition appears to                    
              suggest that the job quote is the product that the company plans to print based on the                     

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