Appeal No. 2005-2439
Application No. 09/754,378
downloading information from Internet sites that users typically
register with the site and complete certain user profile
information for use by the site owner. Von Kohorn also teaches
that his system and method can compile a cumulative record and
determine a quantitative measurement of a shopper’s buying
behavior [column 2, lines 8-16]. Thus, we find that when the
system and method of Von Kohorn are modified to use the Internet
as taught by Saigh, each of the elements of claim 76 argued by
appellants is taught or suggested by the applied prior art.
Therefore, we sustain the examiner’s rejection of
independent claim 76. Since appellants’ arguments with respect
to dependent claims 77-111 consist of nothing more than an
assertion without any explanation or analysis that the passages
of Von Kohorn relied on by the examiner fail to render the
claimed invention unpatentable, we sustain the examiner’s
rejection of each of these claims because the examiner, in our
view, at least established a prima facie case of obviousness with
the findings set forth in the rejection. Since independent claim
112 is broader than independent claim 76, we also sustain the
examiner’s rejection of claim 112 for reasons discussed above
with respect to claim 76.
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