Ex Parte DERISO et al - Page 3



          Appeal No. 2004-1959                                                        
          Application No. 09/465,465                                                  

               wherein the variable data customer document includes                   
          selected information for consideration by the customer based on             
          the mined and determined customer preferences originating from              
          the customer information, and                                               
               wherein the statement including the variable data                      
          customer document is adapted to be electronically presentable to            
          the customer.                                                               
               The Examiner relies on the following prior art:                        
          Gerace                        5,848,396           Dec. 08, 1998             
          Schutzer                      6,292,789           Sep. 18, 2001             
                                                  (filed Aug. 21, 1998)               
               Claims 1-4, 7-13, and 15-17 stand finally rejected under               
          35 U.S.C. § 102(e) as being anticipated by Gerace.  Claims 5, 6,            
          and 14 stand finally rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Gerace in view of Schutzer.                               
               Rather than reiterate the arguments of Appellants and the              
          Examiner, reference is made to the Briefs1 and Answer for the               
          respective details.                                                         
                                       OPINION                                        
               We have carefully considered the subject matter on appeal,             
          the rejections advanced by the Examiner and the evidence of                 
          anticipation and obviousness relied upon by the Examiner as                 

               1 The Appeal Brief was filed November 17, 2003 (Paper No. 19).  In     
          response to the Examiner’s Answer mailed December 17, 2003 (Paper No. 20), a
          Reply Brief was filed February 9, 2004 (Paper No. 21), which was acknowledged
          and entered by the Examiner as indicated in the communication dated February
          27, 2004 (Paper No. 22).                                                    
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