Ex Parte Rossi - Page 2




              Appeal No. 2005-1033                                                                 Page 2                
              Application No. 10/236,460                                                                                 



                                                    BACKGROUND                                                           
                     The appellant's invention relates to a method for ordering an item, such as, e.g.,                  
              hardware, software and/or a service (specification, p. 1).  A copy of the dependent                        
              claims under appeal is set forth in the appendix to the appellant's brief.  Claim 9, the                   
              only independent claim on appeal, reads as follows:                                                        
                            A method for ordering production goods, comprising the step of providing                     
                     at least one automation component, said automation component automatically                          
                     recognizing a need for at least one item and ordering said at least one needed                      
                     item, wherein the automation component includes a budget for payment of the                         
                     order.                                                                                              


                     The prior art references of record relied upon by the examiner in rejecting the                     
              appealed claims are:                                                                                       
              Slotznick                                 5,983,200                    Nov. 9, 1999                        
              Spear et al. (Spear)                      6,486,439                    Nov. 26, 2002                       


                     Claims 9, 19 and 21 stand rejected under 35 U.S.C. § 102(b) as being                                
              anticipated by Slotznick.                                                                                  


                     Claims 8, 9, 15, 19, 21 and 22 stand rejected under 35 U.S.C. § 102(e) as being                     
              anticipated by Spear.                                                                                      









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