Ex Parte SULLIVAN et al - Page 13




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


                                         Rejection of claim 84 under 35 U.S.C. § 102                                                                                      
                             Appellants argue that Jones fails to teach "capturing the                                                                                    
                   terms of the trade promotions for the promoted products in an                                                                                          
                   independent system which operates independently of the control of                                                                                      
                   the retailer and the manufacturer, including retailer                                                                                                  
                   identification, manufacturer identification, trade promotion                                                                                           
                   type, UPC Codes for the promoted products, payment values for the                                                                                      
                   promoted products, and link codes for associated discounts if any                                                                                      
                   of the trade promotions are electronic discount trade                                                                                                  
                   promotions."  Appellants argue that the Examiner has not                                                                                               
                   explained how and why capturing of these more specific terms in                                                                                        
                   claim 84 is expressly or inherently present in Jones.  See pages                                                                                       
                   33 and 34 of Appellants' brief.                                                                                                                        
                             Upon our review of Jones, we fail to find that Jones teaches                                                                                 
                   capturing the terms of the trade promotion including link codes                                                                                        
                   for associate discounts if any of the trade promotions are                                                                                             
                   electronically discount trade promotions.  Therefore, we will not                                                                                      
                   sustain the Examiner's rejection of claim 84 as well as dependent                                                                                      
                   claims 85-87 under 35 U.S.C. § 102.                                                                                                                    





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