Ex Parte Hoffman et al - Page 4

                Appeal 2006-2018                                                                              
                Application 09/815,731                                                                        

           1    of raw materials sold to a store with a calculated forecasted amount in view                  
           2    of the teachings of Salvo.   (Final Rejection 2-3).                                           
           3                                                                                                  
           4          We affirm.                                                                              
           5                                                                                                  
           6                                       ISSUE                                                      
           7          The issue is whether Applicant has shown that the Examiner erred in                     
           8    rejecting the claims 1-18 under 35 U.S.C. § 103(a) (2004).  The issue turns                   
           9    on whether there is a legally sufficient justification for combining the                      
          10    disclosures of  Hafner, Yamamoto and Salvo, and if combined, whether the                      
          11    combined teachings of the references would have suggested the language of                     
          12    claims 1-18 to and artisan.  Specifically, the issue is:                                      
          13    whether the prior art teachings would have been combined by an artisan to                     
          14    meet the claim language of:                                                                   
          15                 g)  calculating a predicted amount of raw materials                              
          16                 for a given level of sales of goods sold by the store;                           
          17                 and h)  comparing an amount of raw materials sold                                
          18                 to a store and the predicted amount of raw materials                             
          19                 for the given level of sales of goods, to thereby                                
          20                 provide an indication of a level of discrepancy,                                 
          21                 as recited in claim 1;                                                           
          22                                                                                                  
          23                 or g) displaying an amount of raw materials sold to a                            
          24                 store on a same page or screen as a recipe-predicted                             
          25                 forecast for the raw materials based on the amount of                            
          26                 the goods sold by the store, to thereby permit a                                 
          27                 comparison and determination of variance due to errors                           
          28                 or loss, as recited in independent claim 16.                                     
          29                                                                                                  
          30                                                                                                  
          31                                                                                                  

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