Ex Parte Shealy - Page 17

            Appeal 2006-1601                                                                            
            Application 09/828,579                                                                      

                              Consistent with our construction of claim 6 above, we conclude            
                        that this determining step merely requires that anyone or anything at           
                        any time determines whether there is more than a single rate change.            
                  Upon our review of Appellant’s claim 8 in light of Appellant’s                        
            Specification, we conclude the following:                                                   
                  (b) Step of “verifying that the future rate plan is consistent . . .” –               
                              As above, no limitation is placed on this step as to the supplier         
                        side or customer side.  While this step must follow the step of claim 7,        
                        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.                                                                            
                              Consistent with our construction of claim 6 above, we conclude            
                        that this verifying step merely requires that anyone or anything at any         
                        time verifies in any form the consistency of the future rate plan with          
                        an old rate plan.                                                               

                                                  (8)                                                   
              The Board’s analysis of Appellant’s Arguments with respect to claims 7 and 8              
                  With respect to Appellant’s request for documentary proof, we deem this               
            issue to be moot in view of the specific examples provided in the Examiner’s                
            Answer which were not challenged in the Appellant’s Reply.                                  
                  As discussed above, Appellant also argues lack of motivation in Ehlers’s              
            “determining whether the future rate change is a single plan change” and                    
            “verifying consistency of a future rate plan with an old rate plan.”  We disagree.          
                  As to the first feature, we agree with the Examiner that the motivation of            
            obtaining maximum benefit to the customer suggests that it would be desirable in            

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