Ex Parte Huffman - Page 4


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

                                                Findings of Fact.                                                    
                        Latimer teaches a system for training a point of sale operator (cashier)                     
                 to use the proper scanning technique.  The system also monitors the                                 
                 scanning technique of a point of sale operator (cashier). See abstract and                          
                 column 1, lines 37 through 56. The system provides two modes of operation,                          
                 a training mode, shown in figure 4, and a monitoring mode, shown in figure                          
                 5.  See also column 3, line 26 through 60.  The training mode makes use of                          
                 feedback to the cashier as part of the training.  The monitoring mode is used                       
                 when the cashier is scanning items for customers.  The monitoring mode                              
                 generates a report of the cashier’s performance which is provided to                                
                 management.  See column 3, line 51 through column 4, line 7.  The scanners                          
                 of the point of sale terminal may also include displays such as a series of                         
                 LED’s (shown in figures 8 and 9) which identify the effectiveness of the                            
                 operator’s scanning technique.  These displays operate during the                                   
                 monitoring mode and are used to provide feedback to the cashier.  These                             
                 displays operate on a real time basis and provide an indication of the most                         
                 recent scan. See figures 7 through 9 and column 7, lines 27 through 51.  We                         
                 do not find that Latimer teaches providing a report of performance goals                            
                 when the cashier starts a work session or when the cashier ends a work                              
                 session providing the cashier with a report of the cashier’s measured                               
                 performance.                                                                                        






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