Appeal No. 2006-1918
Application No. 10/279,529
shelf management information are used in producing the forecasts. 2 Independent claims
13, 17 and 20 contain similar limitations. We do not find that the combination teaches
that both the shelf management information and the assortment information are used in
generating forecasts. Tenma teaches using both shelf management information and
assortment information but does not teach or suggest making forecasts (of either type
discussed in the claim) based upon the information. Usrey teaches using item assortment
information to make forecasts of profitability but does not teach or suggest how shelf
management information is used in making forecasts. Thus, we do not find that the
combination of the references teach all of the limitations of the independent claims.
Accordingly, we will not sustain the examiner’s rejection of claims 1 and 8 through 15
under 35 U.S.C. § 103 as being unpatentable over Tenma in view of Usrey.
The examiner rejects, dependent claims 2 through 7, and 16 through 20 under
35 U.S.C. § 103 as being unpatentable over Tenma in view of Usrey and Article 5/2000.
The examiner has not asserted, nor do we find that the Article 5/2000 teaches or suggests
modifying the combination of Tenma and Usrey such that both the shelf management
information and the assortment information are used in generating forecasts.
Accordingly, we reverse the examiner’s rejection of claims 2 through 7, and 16 through
21 under 35 U.S.C. § 103, for the reasons discussed supra with respect to claims 1, 8
through 15.
2 While we do not consider appellant’s asserted interpretation, that claim 1 is limited to a
system which produces both “forecasted sales information” and “forecasted supply
information,” to be well founded as, claim 1 recites producing “one of” not “both.”
Nonetheless as by asserting such a narrow reading of the claim limitation, appellant is
estopped from later asserting the broader construction espoused by the examiner, we
accept appellant’s asserted claim interpretation.
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