Appeal No. 2006-3400
Application No. 10/268,040
temporary status to permanent status, which meets the claim limitations
directed to activating the discount instrument. Further, the Examiner states
that one skilled in the art “would find it obvious to apply Thompson’s ability
to earn fundraising revenue through the sale of coupon cards with
Nichtberger et al.’ coupon cards.”
Thus, this case presents three issues:
The first issue for us to consider is does the combination of
Nichtberger and Thompson teach the claimed steps which relate to activation
of the discount instrument?
The second issue is to whether the Examiner has established a proper
motivation to combine the Nichtberger and Thompson?
The third issue is whether the addition of Barnett to the Examiner’s
rejection provides a teaching of the claimed steps which relate to activation
of the discount instrument and provides motivation to combine the
references?
We do not reach the second issue, as for the reasons stated infra, we
find that the combination of Nichtberger and Thompson does not teach the
claimed steps which relate to activation of the discount instrument. Thus,
the first issue is dispositive in determining error in the Examiner’s rejection
of claims 1 through 11, 13, 21 through 28, 30 through 39, and 41 through 48
under 35 U.S.C. § 103(a).
Findings of Fact.
Nichtberger teaches a system for electronic distribution of coupons.
See abstract. The customers have a card which is read at a coupon
4
Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: September 9, 2013