Ex Parte THOMAS - Page 9




          Appeal No. 2003-0238                                                        
          Application No. 08/886,349                                                  


          respondents for Greenfield Online by having the participants                
          complete an on-line registration form.  Consequently, we are not            
          persuaded by appellant's arguments regarding on-line                        
          registration.                                                               
               Appellant asserts (Brief, pages 16-17) that the references             
          fail to teach or suggest "that a registering participant could              
          choose to select a particular type of incentive award", as                  
          recited in claim 23.  However, Greenfield Online asks (in                   
          paragraph 1), "How do you recruit cybersurfers to participate in            
          online surveys and focus groups?"  The answer is, "Offer them               
          free online hours, electronic 'coupons' good for purchases at the           
          virtual mall, and, if all else fails, use the oldest of all come-           
          ons, cash" (emphasis ours).  By saying "if all else fails,"                 
          Greenfield Online suggests giving the potential participants a              
          choice as to the reward for completing the survey.  Accordingly,            
          appellant's argument that the references fail to teach selection            
          of an incentive award has not convinced us as to the                        
          patentability of claim 23.                                                  
               Regarding claims 38 through 48, appellant contends (Brief,             
          pages 17-19) that neither reference teaches or suggests how to              
          produce surveys to be filled out over the Internet.                         
          Specifically, appellant argues that the following limitation in             

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