Ex Parte Shealy - Page 11

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                        states at page 4 of the Brief, this claimed step is exemplified by box          
                        56 in Appellant’s Figure 4. Appellant’s box 56 specifically states              
                        “INPUT CURRENT DATE AS EFFECTIVE CONTRACT                                       
                        CHANGE DATE AND CHANGE RATE PLAN”.  The key word                                
                        here is “contract.”  We find no disclosure in Appellant’s Specification         
                        that implementing requires anything more than the parties agreeing to           
                        a contract change.                                                              
                              Thus, we conclude the implementing step merely requires that              
                        anyone or anything tangibly or intangibly agree in any way with                 
                        respect to a rate change to occur as to the customer either immediately         
                        or at some later time.                                                          
                  Upon our review of Appellant’s claim 9 in light of Appellant’s                        
            Specification, we conclude the following:                                                   
                  (e) Step of “selecting the effective date of the future rate plan” –                  
                              As above, no limitation is placed on this step as to the supplier         
                        side or customer side.  No limitation is placed on when this step               
                        occurs in relation to the steps of claim 6.  No limitation is placed on         
                        how this step is to be carried out.                                             
                              As Appellant states at page 5 of the Brief, this claimed step is          
                        exemplified by box 57 in Appellant’s Figure 4.  Appellant’s box 57              
                        specifically states “INPUT EFFECTIVE CONTRACT CHANGE                            
                        DATE”.  Again, the key word here is “contract.”  We find no                     
                        disclosure in Appellant’s Specification that selecting requires                 
                        anything more than the parties agreeing to the date of a contract               
                        change.                                                                         


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