Ex Parte Moore - Page 21

                Appeal 2007-0610                                                                               
                Application 09/766,357                                                                         

                      Dowling describes a printing condition in which the average price of                     
                      items on a catalog page are required to be greater than the cost of                      
                      printing the page (Dowling at p. 79).  Dowling does not explicitly                       
                      discuss printing criteria comparing expected profit to production cost.                  
                      However, Weiss teaches comparing expected profit to cost for                             
                      evaluating the desirability of printing a document (Weiss at Col. 1, L.                  
                      45-53).                                                                                  
                      Accordingly, motivated by higher returns to layout customization                         
                      (Dowling at p. 79), it would have been obvious to one of ordinary                        
                      skill in the art at the time Appellant's invention was made to modify                    
                      Kent in view of the teachings of Dowling and the expected profit                         
                      teachings Weiss for providing a step of passing the optimization                         
                      model output to a print manager for printing only if expected profit                     
                      exceeds the production cost of the customized layout.                                    
                Answer 6-7 (emphasis in original).                                                             
                3. Appellant argues that “Dowling and Weiss do not teach or suggest an                         
                optimization model to customize the layout areas for customers, wherein the                    
                optimization model that is used to customize the layout areas is at least one                  
                of a transportation model, a network model, or a generalized network                           
                model.” Appeal Br. 18.                                                                         

                      C. Principles of Law                                                                     
                      We incorporate herein the principles of law under the Principles of                      
                Law section for the rejection of claims 1, 8-10, 17-19, 26, and 27 above.                      

                      D. Analysis                                                                              
                      Appellant’s arguments as to claim 4 are the same as that argued for                      
                the patentability of claim 1. FF 3. Accordingly for the same reasons, we                       
                affirm the rejection of claim 4.                                                               


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