Ex Parte Weiss - Page 6




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


              perceived requirements entered by the client.  Therefore, the estimate-related                             
              specifications of the job quote would be the specifications of the product that the                        
              company plans to create based on the company’s perception of the product desired by                        
              the client.  Based on these definitions, we view claim 1 as claiming the comparison of                     
              the specifications defining the product that the company plans to create (the job quote)                   
              with the specifications actually desired by the client (the actual print job specifications)               
              and to indicate any discrepancies between these two quantities.                                            
                     Claim 1 clearly requires that some of the actual print job specifications be                        
              available for comparison based on the production data which has been stored as a PDF                       
              file.  The production data as used in claim 1 is not met by the templates of Freedman                      
              because these templates do not yield the actual contents desired by the client nor do                      
              they result in an electronic document stored as a PDF file.  Appellant is correct that                     
              there is no disclosure in Freedman that production data as defined in appellant’s                          
              specification exists in Freedman or that actual print job specifications of this production                
              data as defined in appellant’s specification are ever available for comparison as recited                  
              in claim 1.  Since we agree with appellant that Freedman fails to disclose every feature                   
              of claim 1, we do not sustain the rejection of claim 1.  Since claims 2-7 and 10-13                        
              depend from claim 1, we also do not sustain the examiner’s rejection of these claims.                      
                     Independent claim 23 has recitations similar to claim 1.  Accordingly, we also do                   
              not sustain the examiner’s anticipation rejection of claim 23 or of claims 24-29 and 32-                   

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