Ex Parte SULLIVAN et al - Page 8




                    Appeal No. 2004-0199                                                                                                                                  
                    Application No. 09/385,489                                                                                                                            


                              We will, thereby, consider the Appellants' claims 33 through                                                                                
                    36 as standing or falling together and we will treat claim 33 as                                                                                      
                    a representative claim of that group.  See also In re McDaniel,                                                                                       
                    293 F.3d 1379, 1383, 63 USPQ2d 1462, 1465 (Fed. Cir. 2002) ("If                                                                                       
                    the brief fails to meet either requirement [of 37 CFR § 1.192                                                                                         
                    (c)(7)], the Board is free to select a single claim from each                                                                                         
                    group of claims subject to a common ground of rejection as                                                                                            
                    representative of all claims in that group and to decide the                                                                                          
                    appeal of that rejection based solely on the selected                                                                                                 
                    representative claim.")  See also, In re Watts, 354 F.3d 1362,                                                                                        
                    1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).                                                                                                          
                              Appellants' argue that claim 33 includes capturing the terms                                                                                
                    of the contract and storing the terms of the contract elements.                                                                                       
                    Appellants submit that at least for the reasons relating to                                                                                           
                    claims 1 and 23, the Examiner's rejection of independent claim 33                                                                                     
                    should be reversed.  See page 26 of Appellants' brief.                                                                                                
                    Appellants argue for claims 1 and 23 that Jones does not                                                                                              
                    expressly of implicitly mention capturing and/or storing the                                                                                          
                    terms of the contract of the trade promotion agreed upon between                                                                                      
                    the manufacturer and the retailer.  See pages 14 and 18-19 of                                                                                         
                    Appellants' brief.                                                                                                                                    


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