Appeal No. 2005-1033 Page 13
Application No. 10/236,460
Spear never discusses the amount of money available, required, or assigned to his
ordering system. Accordingly, Spear does not disclose "a budget for payment of the
order."
For the reasons set forth above, claim 9 is not anticipated by Spear. Accordingly,
the decision of the examiner to reject claim 9, and claims 8, 15, 19, 21 and 22
dependent thereon, under 35 U.S.C. § 102(e) is reversed.
CONCLUSION
To summarize, the decision of the examiner to reject claims 9, 19 and 21 under
35 U.S.C. § 102(b) as being anticipated by Slotznick is affirmed and the decision of the
examiner to reject claims 8, 9, 15, 19, 21 and 22 under 35 U.S.C. § 102(e) as being
anticipated by Spear is reversed.
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