Ex Parte PAPIERNIAK et al - Page 6




          Appeal No. 2002-1844                                                         
          Application 08/975,428                                                       

          determinations of data elements because data elements are                    
          pre-fixed (Br15).  The examiner finds that the merchant in Hyodo             
          enters the desired search query, i.e., the desired advertisement             
          and/or product, and so determines the data elements (EA22 ¶ 11h).            
          Nothing in claim 1 precludes the data elements from being                    
          determined once and then not changing.  In addition, we agree                
          with the examiner that the service provider determining the                  
          toll-free telephone number or HTML file name for analysis of the             
          effectiveness of a particular website, as discussed in the next              
          paragraph, is determination of data elements as broadly claimed.             
               When a customer calls the toll-free number advertised on the            
          web site, an access log is created in the form of a bill which is            
          inputted to the online advertising system 21 (Fig. 4, step S3;               
          Fig. 6; col. 3, lines 52-67; col. 5, lines 26-35); Hyodo calls               
          this data "2nd access information."  The online advertising                  
          system 21 of the service provider compiles and analyzes the                  
          access log obtained from the WWW server (1st access information)             
          according to a program entered in advance and the toll-free                  
          telephone service access log (2nd access information) (Fig. 4,               
          step S4) and provides the results to the advertiser (Fig. 4,                 
          step S5; col. 5, lines 37-54).  The examiner notes that the                  
          access logs are two data sources (EA4).  There is also a store               
          management file data source (Fig. 9; col. 6, lines 14-19).  The              
          claimed "multiple data sources" in step (b) reads on the access              

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