Appeal No. 2004-1339 Page 8
Application No. 09/488,079
during fulfillment, shipment and delivery can be read by a terminal and uploaded
to a host computer for billing, market analysis, operational analysis or other
purposes.
Appropriate nonpermanent portions of the label's memory are then
cleared, the label is provided to another shipper or the same shipper and the
entire process is repeated. In this way each label may be reused many times.
Alternatively, the label remains attached to the (parcel) after delivery. The
label is read by the recipient's terminal for such purposes as matching to a
purchase order, checking the contents of the parcel, verifying the invoice, or
auditing the carrier's charges or service performance, If the items contained in
the parcel are to be resold by the recipient, the label may continue to accompany
those items, undergoing virtually the same process as described before.
Otherwise, when the recipient has read all the information he requires from the
label, he may clear the appropriate nonpermanent portions of the memory and
then either reuse the label on his own outgoing parcel or return the label to the
carrier or the shipper for reuse.
After reviewing the teachings of Dlugos, we conclude that the integrated circuit
card label of Dlugos does not store instructions executable by a computer of a
purchaser/user, instead the integrated circuit card label of Dlugos stores instructions
executable by its own microprocessor. As such, the claimed subject matter is not
anticipated by the integrated circuit card label of Dlugos.
Since all the limitations of independent claims 1, 11, 18, 24, 27 and 28 are not
disclosed in Dlugos for the reasons set forth above, the decision of the examiner to
reject independent claims 1, 11, 18, 24, 27 and 28, and claims 2, 5 to 10, 12, 15 to 17,
19, 22, 25 and 26 dependent thereon, under 35 U.S.C. § 102(b) is reversed.
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