Appeal No. 2006-1854
Application No. 09/867,174
THE REJECTION AT ISSUE
Claims 11, 12, and 14 through 20 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Altendahl in view of Landvater. Claim 13 stands rejected
under 35 U.S.C. § 103 as being unpatentable over Altendahl in view of Landvater and
Dietrich. Throughout the opinion we make reference to the briefs and the answer for the
respective details thereof.
OPINION
We have carefully considered the subject matter on appeal, the rejections
advanced by the examiner and the evidence of obviousness relied upon by the examiner
as support for the rejections. We have, likewise, reviewed and taken into consideration,
in reaching our decision, Appellant’s arguments set forth in the briefs along with the
examiner’s rationale in support of the rejections and arguments in rebuttal set forth in the
examiner’s answer.
With full consideration being given to the subject matter on appeal, the
examiner’s rejections and the arguments of appellant and the examiner, for the reasons
stated infra we will not sustain the examiner’s rejections of claims 11 through 20 under
35 U.S.C. § 103.
Appellant argues, on page 5 of the brief, that Altendahl teaches a system where a
single geographic destination for an item is required to be first established. As such,
appellant argues, on pages 5 and 6 of the brief, that Altendahl does not:
teach, or suggest at least the claimed elements of constructing a plurality of
alternative fulfillment plans for moving an item that is the subject of an order
from a sourcing point to each of plural geographic locations within the supply
chain, evaluating each of the constructed plurality of alternative fulfillment plans
against a predetermined criteria, and then selecting for implementation one of the
constructed plurality of alternative fulfillment plans that most closely meets the
predetermined criteria to thereby position the item that is the subject of the order
at one of the plural geographic locations within the supply chain to thereby make
the item available to meet the order. (emphasis original)
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