Ex Parte Barnett et al - Page 3



          Appeal No. 2005-2439                                                         
          Application No. 09/754,378                                                   

               providing at least incentive redemption data to at least one            
          incentive distributor or incentive issuer to enable the at least             
          one incentive distributor or incentive issuer to use at least the            
          incentive redemption data for market analysis to create at least             
          one subsequent targeted incentive targeted based on targeting                
          criteria; and                                                                
               making the at least one subsequent incentive available to a             
          user if the user satisfies the targeting criteria.                           
               The examiner relies on the following references:                        
          Von Kohorn                    5,227,874          July 13, 1993               
          Saigh et al. (Saigh)          5,734,823          Mar. 31, 1998               
          Claims 76-112 stand provisionally rejected under the                         
          judicially created doctrine of obviousness-type double patenting             
          over claims 63-74 of copending application Serial No. 09/321,597.            
          Claims 76-81 and 83-89 also stand rejected under the judicially              
          created doctrine of obviousness-type double patenting over claims            
          1-8 of U. S. Patent No. 6,321,208.  Claims 82 and 91 also stand              
          rejected under 35 U.S.C. § 112, first paragraph, as containing               
          subject matter that was not described in the specification in                
          such a way as to reasonably convey to one skilled in the relevant            
          art that the inventors, at the time the application was filed,               
          had possession of the claimed invention.  Finally, claims 76-112             
          stand rejected under 35 U.S.C. § 103(a) as being unpatentable                
          over the teachings of Von Kohorn in view of Saigh.                           


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