Ex Parte STACK - Page 6



          Appeal No. 2001-2051                                                         
          Application 08/923,293                                                       
          Appellant argues that the examiner's reasoning is contradictory,             
          but, in any event, the combination does not disclose using the               
          specification of a good/service as filter data for a previous                
          customer purchase history database (RBr3).                                   
               We find that Robinson does not disclose a database storing              
          "information pertaining to goods and/or services purchasing                  
          history of previous customers" (claims 1 and 7) or "data                     
          concerning goods or services purchase decisions of prior users"              
          (claim 16).  Robinson is a recommendation service, not a sales               
          service, and, therefore, it does not teach maintaining purchasing            
          history.  The examiner's reasoning that "pertaining to ...                   
          purchase history" is broad enough to read on the users' ratings              
          of items in Robinson because, indirectly, the users had to have              
          purchased the items somewhere, is not necessary since Payton                 
          expressly discloses that the ratings can be based on requested               
          (purchased) items.  We conclude it would have been obvious to one            
          skilled in the art that the ratings in Robinson could be based on            
          request (purchase) history in view of Payton.                                
               The examiner finds that "Robinson discloses receiving                   
          customer commands specifying a particular good or service to be              
          used as filter data (column 6, lines 24-35; see also column 6,               
          line 56, through column 7, line 46)" (FR2; EA3; see also EA10).              
          Appellant argues that these passages deal with procedures for                
          determining the proper subgroup of users (RBr1) and have "nothing            
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