Ex Parte Sansone - Page 8



            Appeal 2007-1715                                                       Page 8                    
            Application 10/033,224                                                                           

            2. Claims are given the broadest reasonable construction consistent with the                     
            specification. In re Morris, 127 F.3d 1048, 44 USPQ2d 1023 (Fed. Cir. 1997).                     
            3. “Many of appellant's arguments fail from the outset because, as the solicitor                 
            has pointed out, they are not based on limitations appearing in the claims.” In re               
            Self, 671 F.2d 1344, 1348, 213 USPQ 1, 5 (CCPA 1982).                                            

                   D. Analysis                                                                               
                   We have carefully considered the record and find that one of ordinary skill               
            in the art with Nicholls and Godin in hand would have been led to modify the                     
            Nicholls logistics system application to retrieve the weight of a corresponding                  
            article/packing/container from a database, return that weight to the application, and            
            display the cost.                                                                                
                   Nicholls discloses a database which receives as an input a package’s weight               
            as well as information about shipping costs. FF 3.                                               
                   Furthermore Nicholls discloses a weigh scale which one of ordinary skill in               
            the art would understand has, as its objective, to weigh a package prior to shipping             
            it. Since it is generally well known that there is a cost associated with shipping a             
            package and that a package’s weight is a factor in the shipping cost, one of                     
            ordinary skill in the art reading Nicholls would foresee the logistics system                    
            disclosed therein providing a shipping cost based on the weight of the package                   
            stored in the database.                                                                          
                   Godin discloses a system involving an application retrieving data from a                  
            database and displaying results on a website; weight being one of the data and                   






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