Ex Parte Goldstein - Page 26



           Appeal No. 2005-0823                                                                        
           Application No. 10/300,895                                             Page 26              


                  ticket.  First, a customer calls a travel agent to                                   
                  purchase a ticket for air travel.  (Step S1) Next, the                               
                  agent makes a reservation for the customer.  (Step S2)                               
                  The customer then purchases the ticket from the agent                                
                  (Step S3), and a paper or electronic ticket is issued                                
                  to the purchaser.  (Step S4)                                                         
                        The ticketed transaction is recorded in the GDS                                
                  only for validating the reservation.  (Step S5)                                      
                  Reporting cannot occur at this stage due to the format                               
                  and information collected by the GDS, so airlines are                                
                  not informed of the sale at the time of the sale.                                    
                        If the end of the weekly reporting cycle has not                               
                  been reached (Step S6), then the agent may void the                                  
                  ticket (Step S7) and the original sale of the ticket to                              
                  the airline is never reported to the airline.  Since                                 
                  the airline carrier was never aware of the sale, it                                  
                  cannot charge a change fee, resulting in a tremendous                                
                  loss of potential revenue for the airlines.                                          
            It is clear from the Background Of The Invention that travel                               
            agents were voiding tickets for customers before the end of the                            
            reporting period, even though the tickets had been purchased.                              
                  In addition, although not found in the Background Of The                             
            Invention, we find that the specification discloses, as                                    
            traditional,                                                                               
                  “[s]ince travel agencies have traditionally reported                                 
                  and remitted sales weekly, they have consistently                                    
                  offered their customers the courtesy of voiding airline                              
                  tickets issued in a given week.  By voiding airline                                  
                  tickets in this manner, travel agencies do not report                                
                  the original sale to the airlines.  Travel agencies                                  
                  void or change approximately 10% of all airline                                      
                  tickets, or about 17-19 million tickets annually.  Of                                
                  all airline tickets issued annually, about 65% are non-                              
                  refundable.”                                                                         
                                                                                                      






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