Ex Parte DICKSON - Page 12




                 Appeal No. 2003-1402                                                                                                              
                 Application No. 09/034,969                                                                                                        

                 rejection may be overcome by a properly submitted amendment changing each                                                         
                 occurrence of order receipt “position” to order receipt “location” in independent claims 1                                        
                 and 20.                                                                                                                           
                         We also reject claims 30 through 33 as being indefinite.  Part “d)” of base claim                                         
                 30 recites “communicating with the remote communications unit....”  However, “the                                                 
                 remote communications unit” -- there are two occurrences in part “d)” --  lacks a proper                                          
                 antecedent in the claim because there are two “remote communications unit[s]”                                                     
                 previously set forth.  In view of part “e)” of claim 30, and our review of other claims,                                          
                 perhaps the intent for part “b)” of the claim is to set forth an association between the                                          
                 entered order and a “customer,” rather than with a “remote communications unit.”  On                                              
                 the other hand, parts “b)” and “d)” of claim 30 appear to associate “the entered order”                                           
                 with something else, rather than associating a “remote communications unit” with a                                                
                 “customer,” as suggested by part “e).”  In any event, the recitation “the associated                                              
                 remote communications unit” in part “e)” also lacks proper antecedent basis in the                                                
                 claim.                                                                                                                            
                         Further, “the remote communications unit at the remote receiving location” in                                             
                 claim 30 appears to lack a proper antecedent in the claim.  If, on the other hand, the                                            
                 “communicating” is intended to be “at the remote receiving location,” then the claim                                              
                 should clearly set forth the feature.                                                                                             




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