Ex Parte Jandasek et al - Page 5



           Appeal 2007-2173                                                                        
           Application 09/682,701                                                                  
              4. The Appellants’ claimed invention is used to generate a cost estimate for         
                    supporting price negotiations between a buyer and a supplier                   
                    (Specification 1:¶ 0002).  As such, the output appears to be a cost            
                    estimate reflecting costs associated with design and/or manufacture of an      
                    item to be supplied by a supplier, and is thus but one link in the overall     
                    value chain.  As such, it appears that the Appellants are using value chain    
                    in their claims in a manner inconsistent with the accepted definition of       
                    this phrase.                                                                   
              5. The Specification fails to clearly explain or define a “supply tier.”  While      
                    the Appellants’ Specification does not use the phrase “supply tier,” it        
                    does refer in several instances to a “supplier tier.”  For example, the        
                                                                                                  
           activity: primary and secondary. Primary activities are concerned principally with      
           transforming inputs, such as raw materials, into outputs, in the form of products or    
           services, delivery, and after-sales support. Secondary activities support the primary   
           activities and include procurement, technology development, and human resource          
           management. All of these activities form part of the value chain and can be             
           analyzed to assess where opportunities for competitive advantage may lie. To            
           survive competition and supply what customers want to buy, the firm has to ensure       
           that all value chain activities link together, even if some of the activities take place
           outside the organization. www.dictionary.bnet.com/definition/Value_Chain.html           
           3)  Interlinked value-adding activities that convert inputs into outputs which, in      
           turn, add to the bottom line and help create competitive advantage. A value chain       
           typically consists of (1) inbound distribution or logistics, (2) manufacturing          
           operations, (3) outbound distribution or logistics, (4) marketing and selling, and (5)  
           after-sales service. These activities are supported by (6) purchasing or                
           procurement, (7) research and development, (8) human resource development, (9)          
           and corporate infrastructure.  http://www.businessdictionary.com/definition/value-      
           chain.html.                                                                             
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