Ex Parte Huffman - Page 3


                 Appeal No. 2007-0673                                                                                
                 Application No. 09/847,794                                                                          

                                                Rejection at Issue                                                   

                        Claims 1 through 18 stand rejected under 35 U.S.C. § 103 (a) as being                        
                 unpatentable over Latimer in view of Berkson and Nashner.  The Examiner’s                           
                 rejection is set forth on pages 3 through 14 of the Answer.  Throughout the                         
                 opinion we make reference to the Brief (received February 9, 2006) and the                          
                 Answer (mailed April 3, 2006) for the respective details thereof.                                   
                                                       Issues                                                        
                        Appellant argues that the combination of the references does not teach                       
                 or suggest displaying, to a cashier, a performance goal for a work session or                       
                 displaying the cashier’s measured performance over the work session, as                             
                 recited in independent claims 1 and 11.                                                             
                        The Examiner in response contends that the rejection is proper.  The                         
                 Examiner states that Latimer teaches a system and method for providing real                         
                 time performance feedback to cashiers.  Further, the Examiner states that it                        
                 is well known to provide people with a performance goal prior to                                    
                 performance of the operation for which the target goal has been set.                                
                        Thus, the issue presented to us is whether the art applied by the                            
                 Examiner teaches or suggests displaying, to a cashier, a performance goal                           
                 for a work session or displaying the cashier’s measured performance over                            
                 the work session.                                                                                   







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