Ex Parte Sansone - Page 18



            Appeal 2007-1715                                                     Page 18                     
            Application 10/033,224                                                                           

                   Accordingly, it would have been obvious to determine the weight of the                    
            packing material surrounding an article in a container by subtracting the volume of              
            the article from the volume of the container and multiplying the result by the                   
            density of the packing material.                                                                 


                   D. Conclusion of Law                                                                      
                   On the record before us, Appellant has failed to show that the Examiner                   
            erred in rejecting the claim over the prior art.                                                 

            Claim 16                                                                                         
                   Claim 16 reads as follows:                                                                
                   16. The method claimed in claim 13, further including the steps of:                       
                         comparing the stored weight for shipping the article and container in               
                   the completed container database with the weight determined by the carrier                
                   to ship the container; and                                                                
                         querying the manufacturer of the articles and containers concerning                 
                   their actual weight if the compared total weights are not the same.                       

                   A. Issue                                                                                  
                   Appellant argues that “[t]he Examiner has not cited any art in the context of             
            the claimed invention that shows that it would be obvious to: isolate the containers             
            that do not have the proper postage [see claim 13 on which claim 16 depends],                    
            comparing the stored weight for shipping the article and container in the completed              
            container database with the weight determined by the carrier to ship the container;              






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