Appeal No. 2004-0023
Application No. 09/334,574
by Appellant. We find nothing in the claim language which
requires that the stated manual grouping be performed at the
output side of the processing. Conversely, there is no claim
language which precludes the manual grouping from being performed
at the input side of the processing as urged by the Examiner.
With this is mind, we find no error in the interpretation of
Markman expressed in our prior decision, i.e., the reassembly
after processing operation disclosed by Markman is in fact
operating on articles “which were physically grouped” since the
articles were assigned into groups and tagged at the customer
input side. Further, although Markman does not use the
terminology “verification,” we fail to see why a successful
reassembly (Markman, column 8, lines 35-41) would not be a
“verification” that the reassembled group matches the grouping
assigned at the customer input side of the processing.
As to Appellant’s assertion that our prior decision cited no
passage from Markman that would support our interpretation that
Markman’s output side assembling relates to a physical grouping
at the input side, it is our view that the citation of any
particular passage is unnecessary since it is apparent to us that
the entire disclosure of Markman is directed to precisely this
feature. In other words, as illustrated in Figure 1 of Markman,
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