Ex Parte Barnett et al - Page 4



          Appeal No. 2005-2686                                                        
          Application No. 09/879,823                                                  

          invention” [column 99, line 18].  Thus, appellants are citing a             
          portion of Von Kohorn which is a different embodiment than the              
          one relied on in the Board decision.  Second, the portion of Von            
          Kohorn relied on by the Board specifically states that                      
          participants can designate areas of interest and receive coupons            
          related to the area of interest.  Therefore, these participants             
          are targeted for receiving coupons in the area of interest.  Only           
          participants having designated this area of interest receive                
          these coupons in this embodiment.                                           
          Appellants also argue that the decision fails to address                    
          the “monitoring redemption” element of the claimed invention.               
          Appellants additionally argue that the recitations of dependent             
          claims 51 and 56 are not met by Von Kohorn [request, pages 14-              
          17].                                                                        
          These arguments were addressed to the extent that they were                 
          made in the briefs.  Appellants are not permitted to have                   
          arguments considered in a request for rehearing that were not               
          made in the briefs.                                                         
          Appellants argue that our decision in this case conflicts                   
          with the decision in a related appeal [request, pages 17-18].  We           
          regret that the decision in the related appeal was made before              
          the Board had fully grasped all the teachings of Von Kohorn.                
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