Ex Parte Shealy - Page 3

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                  11. A computer readable medium for providing for future rate                          
                  changes in a billing system, comprising:                                              
                        logic for identifying that a future rate plan is to be changed;                 
                        logic for selecting the future rate plan desired; and                           
                        logic for implementing the future rate change.                                  

                  The Examiner entered a Final Rejection on February 10, 2004.                          
                  The Examiner rejected claims 1, 6, 9, 11, 14, 16, and 19 under                        
            35 U.S.C. § 102(e) as being anticipated by Ehlers et al. (Ehlers), U.S. Patent              
            5,924,486, issued July 20, 1999, based on an application filed October 29, 1997.            
                  The Examiner rejected claims 2-5, 7-8, 10, 12-13, 15, 17-18, and 20 under             
            35 U.S.C. § 103(a) as being unpatentable over Ehlers.                                       
                  Appellant appealed from the Final Rejection and filed an Appeal Brief (the            
            Brief) on January 10, 2005.                                                                 
                  The Examiner entered an Examiner’s Answer (the Answer) on October 20,                 
            2005.                                                                                       
                  Appellant filed a Reply Brief (the Reply) on December 19, 2005.                       
                  We affirm.  We also use our authority under 37 C.F.R. § 41.50(b) to enter a           
            first new ground of rejection of claims 6-20 and a second new ground of rejection           
            of claims 11-15.                                                                            

                                              II. ISSUES                                                
                  The principal issues before the Board are whether Appellant has established           
            (1) the Examiner erred in rejecting claims 1, 6, 9, 11, 14, 16, and 19 based on             
            anticipation and (2) the Examiner erred in rejecting claims 2-5, 7-8, 10, 12-13, 15,        
            17-18, and 20 based on obviousness.                                                         


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