Appeal No. 2004-1484
Application 09/438,396
Contrary to the examiner’s position, we do not view the
recitations in method claim 1 on appeal regarding profit margins
and the transfer, manipulation and storage of data in each of
different profit margin ranges or categories as being mere
“nonfunctional descriptive material” that is not functionally
involved in the method steps recited. Like appellant (brief,
pages 11-14), it is our view that the recited profit margin
ranges are functionally interrelated with the operation of a
programmed computer executing the method steps as set forth in
claim 1. As was noted on page 4 of the specification, the first
processor memory (e.g., of a POS terminal) stores profit margin
information, current sale information and sequences of
instructions which, when executed by the first processor, cause
the first processor to manage a customer’s purchase information,
i.e., by determining an accumulated purchase value in each of
different profit margin ranges based on a customer purchase of at
least one product having a profit margin, transferring to the
first processor category values containing accumulated purchase
values in each of different profit margin ranges stored in the
memory of a portable device (e.g., a smart card) supplied to the
first processor, said first processor then incrementing the
transferred category values by an amount in relation to the
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