Ex Parte Chao et al - Page 6


            Appeal No. 2006-1229                                                                      
            Application No. 09/800,690                                                                


               To respond to this argument, we must ascertain the scope of the term “inventory” as    
            claimed.  We note that the only actual claim elements in claim 1 referring to inventory   
            are:                                                                                      
                        • determining whether inventory for said product satisfies said               
                           order;                                                                     
                        • notifying said user system if said inventory for said product               
                           does not satisfy said order;                                               
                        • receiving a back order request from said user system to back                
                           order said product if said inventory for said product does not             
                           satisfy said order;                                                        
                        • acquiring said amount and updating said inventory;                          
               We note that the first instance of “inventory” thus claimed relates to all inventory that
            is considered for satisfying the demand for said product.  The remaining instances of     
            the term “inventory” are consistent with this construction and provide no further         
            narrowing of its scope.  This is the type of inventory that is updated by Ahluwalia [See  
            col. 11 lines 15-18].  We further note that Ahluwalia provides an inventory view related  
            just to the back ordered items that are custom ordered.                                   

                     [T]he customer is able to make a purchase on a product or vehicle                
                  that  he/she desires and track the status of the vehicle when it is custom          
                  ordered and manufactured.  [See col. 31 lines 59-65].                               
               The Appellants next argue that the time limit referenced by Furphy is directed to      
            resolving discrepancies noted in electronic documents shared between two parties and      
            the time period is not placed on a back order.  [See Brief at p. 13].                     







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