Ex Parte Sansone - Page 10



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

            packing material, and container. The claims do not so require. They require only                 
            that the database have “a weight associated with said corresponding article, said                
            packing material, and said container” (claim 3). A single weight value of a                      
            package, such as suggested in Nicholls, can meet that limitation. Accordingly,                   
            because it is not commensurate in scope with what is claimed, Appellant’s                        
            argument is not persuasive as to error in the rejection.                                         
                   The rejection is affirmed.                                                                

                   E. Conclusion of Law                                                                      
                   On the record before us, Appellant has failed to show that the Examiner                   
            erred in rejecting claims 3, 15, and 17over the prior art.                                       

            Claims 5-9 and 12-14                                                                             
                   Pursuant to the rules, the Board selects representative claim 5 to decide the             
            appeal with respect to this group of claims.  37 C.F.R. § 41.37(c)(1)(vii) (2006). It            
            reads as follows:                                                                                
                   5. A method of providing for weight-based determinations of one or                        
                   more articles to be shipped, the method comprising the steps of:                          
                         a) initiating a cost determining routine in a shipping system                       
                   application at a first node;                                                              
                         b) entering a code or a description of each one of said one or more                 
                   articles into a first data field of said routine;                                         
                         c) entering a code or a description of the container in which the                   
                   articles are going to be shipped;                                                         
                         d) transmitting a query from said routine to a database located at a                
                   second node for a weight associated with said each one of said one or more                
                   articles and said container;                                                              





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