Ex Parte Shealy - Page 10

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                              Thus, we conclude the identifying step merely requires that               
                        anyone or anything identify in any way that a rate change is to occur           
                        as to the customer either immediately or at some later time.                    
                  (c) Step of “selecting the future rate plan desired” –                                
                              As above, no limitation is placed on this step as to the supplier         
                        side or customer side.  No limitation is placed on how this claimed             
                        step is to be carried out.                                                      
                              The language “the future rate plan” does not limit this step to           
                        sequentially following the “identifying step.”  Rather, as Appellant            
                        states at page 4 of the Brief, this claimed step is exemplified by box          
                        53 in Appellant’s Figure 4, and box 53 occurs before block 63 (the              
                        identifying step).  Further, nothing in this step requires selecting            
                        among more than one possible rate plan.  Appellant’s box 53                     
                        specifically states “INPUT NEW CUSTOMER RATE PLAN” in the                       
                        singular.  We find no disclosure in Appellant’s Specification of a              
                        requirement of “more than one” possible rate plan with respect to this          
                        step.                                                                           
                              Thus, we conclude the selecting step merely requires that                 
                        anyone or anything select in any way a desired rate plan.                       
                  (d) Step of “implementing the future rate change” –                                   
                              As above, no limitation is placed on this step as to the supplier         
                        side or customer side.  No limitation is placed on how this step is to be       
                        carried out.                                                                    
                              The language “implementing the future rate change” does not               
                        limit this step to only tangible implementations.  Rather, as Appellant         


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