Ex Parte Shealy - Page 9

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                        (Specification 11:21-12:3).  We conclude that a “system” is inclusive           
                        of any group of mechanical components, any group of electrical                  
                        components, any economic organization1 (group of people), and                   
                        combinations thereof for carrying out the method of claim 6.                    
                        Appellant’s preferred “system” is a combination of electrical                   
                        components and people, e.g., telephones, computers, networks,                   
                        (Specification 4:16-24) and “user to select” (Abstract, ll. 4-5).               
                        However, Appellant’s claim is not limited solely to the preferred               
                        embodiment.                                                                     
                  (b) Step of “identifying that a future rate plan is to be changed” –                  
                              A rate plan or tariff model is a “schedule of prices or fees,” 2          
                        i.e., merely an abstraction in the form of information about prices or          
                        fees.                                                                           
                              The “is to be changed” language does not limit this step to only          
                        rate changes that have not yet occurred as to the supplier.  Rather, as         
                        Appellant states at page 4 of the Brief, this claimed step is                   
                        exemplified by block3 63 in Appellant’s Figure 4.  Block 63 occurs              
                        after the rate change has occurred as to the supplier (block 61) but            
                        before the rate change has occurred as to the customer.                         
                              No limitation is placed on this claimed step as to the supplier           
                        side or customer side.  No limitation is placed on how this claimed             
                        step is to be carried out.                                                      
                                                                                                       
            1  The American Heritage Dictionary 1234 (2nd College Ed. 1982).                            
            2  Id. at 1244.                                                                             
            3  Appellant uses the terms block, box, and step interchangeably in the Brief and           
            Specification.  We follow Appellant’s usage when referring to the Brief or                  
            Specification.                                                                              
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