Appeal 2007-2173
Application 09/682,701
Specification describes that “Figure 3 is an example GUI for viewing a
detailed supply chain for a particular tool items or assembly, by supplier
tier, in accord with the present invention.” (Specification 4:¶ 0017). The
Specification further describes, “the tool item supply chain 60 shown in
Figure 3 is presented in an outline format to reflect the tiered nature of
the item’s supply chain. In addition, a detailed description/photograph
button 62a for the tool item and each of its constituent components (62b
– 62n) and subassemblies is provided” (Specification 8:¶ 0037). While
the Specification describes generally that Figure 3 shows an example
interface for viewing a detailed supply chain for a particular item or
assembly by supplier tier, it does not clearly explain what constitutes the
supplier tier(s) in Figure 3.
6. We are not aware of any definitions of “supply tier” or “supplier tier” in
the business art.
7. The Appellants’ use of supply chain in the Specification appears to be
inconsistent with the accepted use of the term in the business art. In
particular, the definitions of “supply chain” that we found in the art
describe a network of entities (e.g., manufacturers, wholesalers,
distributors, and retailers) who turn raw materials into finished goods and
services and deliver them to consumers.2
2 Definitions of “supply chain” in the business art include:
1) [T]he network of manufacturers, wholesalers, distributors, and retailers, who
turn raw materials into finished goods and services and deliver them to consumers.
Supply chains are increasingly being seen as integrated entities, and closer
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