Appeal No. 2006-2563
Application No. 09/624,107
(col. 1, lines 62-66; col. 7, lines 12-20). If a user who has
clicked on a merchant’s link on an associate’s web site purchases
a product from the merchant’s web site, the merchant’s software
automatically credits the associate by, for example, crediting a
commission to the associate’s account (col. 2, lines 9-14). The
merchant’s link on the associate’s web site can include a search
term (e.g., “Terrain Skiing”) chosen by the associate (col. 12,
lines 10-14; fig. 6).1
The examiner acknowledges that Davis does not disclose
providing in a first selectable link a term chosen by an
advertiser associate or an advertiser associate’s web site
(answer, 20th page).2 The examiner’s reason for combining Davis
and Bezos is in a single, page and a half long sentence (answer,
23rd to 25th pages). That sentence sets forth what the examiner
asserts one of ordinary skill in the art would have been
motivated to do, e.g., “to have a user or customer visit an
advertiser’s associate web site and seamlessly click on a
referral link or a graphical icon or keyword associated with a
plurality of objects or advertisers’ links and displayed thereon,
without the user’s input or search query and based on the
1 Selecting the associate’s link sends the user to the merchant’s web page.
That selection does not display on the user’s computer the plurality of
advertiser links required by the appellant’s independent claims, and there is
no evidence that the merchant would want a plurality of advertiser links
displayed on the merchant’s web page.
4
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