Ex Parte Sansone - Page 15



            Appeal 2007-1715                                                     Page 15                     
            Application 10/033,224                                                                           

            issue is whether it would have been obvious to one of ordinary skill in the art to               
            provide a field in the prior art database related to packing material and determining            
            the cost for shipping the packing material.                                                      


                   B. Facts                                                                                  
                   The record supports the following findings of fact by a preponderance of the              
            evidence.                                                                                        
            1. Claim 10 involves taking into account the weight of the packing material in                   
            the cost of shipping.                                                                            
            2. A package to be shipped comprises an article to be shipped, a container                       
            holding the article, and may further include packing material securing the article               
            within the container.                                                                            
            2. The cost of shipping a package depends on the weight of the package.                          
            3. The weight of a package is the sum of the weights of the article to be                        
            shipped, the container holding the article, and, if present, the packing material                
            securing the article within the container.                                                       

                   C. Analysis                                                                               
                   Claim 10 involves taking into account the weight of the packing material in               
            the cost of shipping. It is generally well known that the cost of shipping depends               
            on the weight of the package to be shipped, as taught in Nicholls, and that cost will            
            necessarily be the sum of the weights of the article to be shipped, the container                
            holding the article, and, if present, the packing material securing the article within           





Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: September 9, 2013