Ex Parte SULLIVAN et al - Page 12




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


                    the traded promotion in the electronic database of the                                                                                                
                    independent system."                                                                                                                                  
                              Appellants also argue that Jones does not disclose "enabling                                                                                
                    the retailer and manufacturer to access the electronic database                                                                                       
                    of the independent system to determine the stored terms of the                                                                                        
                    trade promotions."  See pages 26 and 27 of Appellants' brief.                                                                                         
                              As pointed out above, we have found that Jones does teach                                                                                   
                    capturing and storing terms of the trade promotion in an                                                                                              
                    electronic database of the independent system.  Jones further                                                                                         
                    teaches that the electronic database of the stored terms of the                                                                                       
                    trade promotion are retained in a history file for a                                                                                                  
                    predetermined period, perhaps 52 weeks.  See Jones, column 12,                                                                                        
                    lines 14-16.  Jones further teaches that predetermined and                                                                                            
                    customized reports of the file is sent to both the retailer and                                                                                       
                    the manufacturer.  See Jones, column 12, lines 20-25.  Thus, by                                                                                       
                    retaining the files for 52 weeks and providing reports of the                                                                                         
                    files, Jones teaches a method of enabling the retailer and the                                                                                        
                    manufacturer to access the electronic database file to determine                                                                                      
                    the stored terms of the trade promotions.  Therefore, we find                                                                                         
                    that Jones teaches all the limitations as recited in Appellants's                                                                                     
                    claim 33.  Therefore, we will sustain the Examiner's rejection of                                                                                     
                    claims 33-36 under 35 U.S.C. § 102.                                                                                                                   

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