Ex Parte Jandasek et al - Page 7



           Appeal 2007-2173                                                                        
           Application 09/682,701                                                                  
              8. We see no representation of such a supply chain in Figure 3 of the                
                    Specification.  Rather, Figure 3 appears to show a breakdown of costs          
                    associated with the manufacture of components of an item (Specification,       
                    Fig. 3).                                                                       

                                      PRINCIPLES OF LAW                                            
                 The test for definiteness under 35 U.S.C. § 112, second paragraph, is             
           whether “those skilled in the art would understand what is claimed when the claim       
           is read in light of the specification.”  Orthokinetics, Inc. v. Safety Travel Chairs,   
           Inc., 806 F.2d 1565, 1576 (Fed. Cir. 1986) (citations omitted).  “All words in a        
           claim must be considered in judging the patentability of that claim against the prior   
           art. If no reasonably definite meaning can be ascribed to certain terms in the claim,   
           the subject matter does not become obvious - the claim becomes indefinite.” In re       
           Wilson, 424 F.2d 1382, 1385 (CCPA 1970). A prior art rejection of a claim, which        
                                                                                                  
           relationships between the organizations throughout the chain can bring competitive      
           advantage, reduce costs, and help to maintain a loyal customer base.                    
           www.dictionary.bnet.com/definition/supply+chain.html                                    
           2) Entire network of entities, directly or indirectly interlinked and interdependent    
           in serving the same consumer or customer. It comprises of vendors that supply raw       
           material, producers who convert the material into products, warehouses that store,      
           distribution centers that deliver to the retailers, and retailers who bring the product 
           to the ultimate user. Supply chains underlie value-chains because, without them, no     
           producer has the ability to give customers what they want, when and where they          
           want, at the price they want. Producers compete with each other only through their      
           supply chains, and no degree of improvement at the producer's end can make up           
           for the deficiencies in a supply chain which reduce the producer's ability to           
           compete.  http://www.businessdictionary.com/definition/supply-chain.html.               

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