Appeal 2007-0025 Page 20
Application 09/792,151
is carried out if products or services were purchased at the store, and
in addition, by sending this advertising play data to the broadcast
business, information related to the effectiveness of the advertising
can be obtained at any time without carrying out a survey such as a
questionnaire.
Page 6.
Claim 5, recites, inter alia, a second terminal device located in the
store reading the advertising information from said external medium,
sending, via a communication line, the advertising information that is read to
said broadcast server, carrying out an advertising survey, and thereby
providing information about the effectiveness of the advertising. A
similar limitation appears in Claim 13.
Appellants submit that the limitation of carrying out an advertising
survey is not the same as what is taught by the prior art. Therefore,
Appellants respectfully submit that the reference fails to read on this
limitation.
(Appeal Br. 19-20.)(Emphasis added and emphasis in original.)
2. Claim 5 is not limited so as to exclude an affirmative action by the customer
to answer the questionnaire.
C. Principles of Law
We incorporate herein the Principles of Law set forth in the Principles of
Law section for the rejection of claims 2, 7-9, 15, and 16 above and add the
following:
1. “Many of appellant's arguments fail from the outset because, as the solicitor
has pointed out, they are not based on limitations appearing in the claims.” In re
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