Ex Parte DEATON - Page 6




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                 Page 6           


          the data stored therein to perform the credit verifications and             
          marketing functions disclosed in the application.  Appellants add           
          that the computer implemented customer database is clearly useful           
          to the merchant, and its disclosed uses are useful, concrete and            
          tangible, being for credit determination and targeted customer              
          marketing.                                                                  
               From our review of claim 33, we find that the claim is                 
          directed to a computer implemented customer database having                 
          stored transaction data from prior point-of-sale transactions for           
          a plurality of customers.  The claim additionally recites that              
          data regarding a customer's prior transactions are stored in                
          association with an identification of the customer and that the             
          transaction data includes the dollar amount of purchases and time           
          period.  From our analysis of the language of claim 33, we find             
          that the computer implemented customer database is useful to a              
          merchant, as the database has stored customer data.  We                     
          additionally find that the database with customer transaction               
          information is tangible as it contains specific customer                    
          transaction information.  Moreover, we find that the storing of             
          the dollar amount of purchases and time period is concrete, as              
          the dollar amounts of different transactions for each customer              
          are stored.  From all of the above, we find independent claim 33            







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