Ex Parte Shealy - Page 16

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                  With respect to Appellant’s earlier request for documentary proof,                    
            Appellant’s Reply Brief does not address or comment on the specific examples                
            provided in the Examiner’s Answer.  Therefore, we deem this request to be fully             
            satisfied.                                                                                  
                  With respect to the Examiner’s rebuttal of lack of motivation and hindsight,          
            Appellant points out that while the cited column may provide “some small                    
            suggestion” it does not suggest the specifically claimed features of “determining           
            whether the future rate change is a single plan change” (claims 2, 7, 12, and 17)           
            and “verifying consistency of a future rate plan with an old rate plan” (claims 3, 8,       
            13, and 18).                                                                                

                                                  (6)                                                   
                                     Representative claims 7 and 8                                      
                  We select claim 7 as representative of claims 2, 7, 12, and 17 for purposes of        
            our decision, and we select claim 8 as representative of claims 3, 4, 8, 13, and 18         
            for purposes of our decision.  We then address claims 5, 10, 15, and 20 jointly.            

                                                  (7)                                                   
                                    The Board’s Claim Construction                                      
                  Upon our review of Appellant’s claim 7 in light of Appellant’s                        
            Specification, we conclude the following:                                                   
                  (a) Step of “determining if the future rate change is a single plan change” –         
                              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.                                             

                                                  16                                                    

Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  Next

Last modified: September 9, 2013