Appeal No. 2007-1110 Page 15
Application No. 09/832,603
estimating system does not obtain the lowest cost potential is also not persuasive
because there is nothing in the claim, nor does Appellants point to anywhere in the
Specification, that defines the calculation of the lowest cost potential as one which
would exclude estimating costs. On the question of how to calculate the lowest
cost potential, the claim is quite broad. The scope of the claim is such that it
encompasses the estimating techniques used in the prior art.
E. Conclusion of Law
On the record before us, Appellants have failed to show that the Examiner
erred in rejecting the claims over the prior art.
DECISION
The Examiner’s rejections of claims 1-20 are affirmed.
No time period for taking any subsequent action in connection with this
appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2004).
AFFIRMED
vsh
INTERNATIONAL ENGINE
INTELLECTUAL PROPERTY COMPANY
4201 WINFIELD ROAD
P.O. BOX 1488
WARRENVILLE IL 60555
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