Appeal No. 2004-1179
Application No. 09/127,284
caller/customer of the interaction request (Abstract). Walker
retrieves data specific to the customer (e.g., items ordered in
the past, dollar amounts of past customer orders, stored location
of the customer) (Abstract; column 3, line 64 through column 4,
line 8; column 6, lines 38 through 42). Walker also retrieves
real-time variable data other than customer-specific data in the
form of pricing data (Abstract; column 2, lines 54 through 57;
column 5, lines 5 and 6). To the extent that the disclosed and
claimed telephone communications system uses an algorithm to
perform profit calculations, we find that the same type of system
disclosed by Walker would likewise use an algorithm to perform
calculations to derive economic/profit data based on the
retrieved data (Abstract; column 3, lines 64 through 67; column
5, lines 54 through 56; column 6, lines 9 through 11). We reach
such a conclusion because appellant’s disclosure assumes that
“anyone desiring to carry out the process would know of the
equipment and techniques [(e.g., algorithms)] to be used, none
being specifically described.” In re Fox, 471 F.2d 1405, 1407,
176 USPQ 340, 341 (CCPA 1973). As indicated supra, Walker uses
the probable profitability calculation to automatically route the
calling customer to an available resource in the form of a
location in the queue (Abstract; column 6, lines 9 through 19).
5
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007