Appeal 2007-0025 Page 22
Application 09/792,151
rejection, and claim 11 will stand or fall with claim 3. 37 C.F.R. § 41.37(c)(1)(vii)
(2006). Claim 3 reads as follows:
3. The method of providing advertising information according to Claim 2
comprising:
confirming that the advertising information recorded on said external
medium is for advertising for a product or service that is handled at this
store; and
reflecting a bonus in the settlement of the account for said product or
service.
A. Issue
The issue is whether Appellants have shown error in the rejection of claim 3
on the ground that Dedrick, Angles, and Freeman do not disclose all the claimed
limitations.
B. Findings of Fact
We incorporate herein the facts set forth in the Finding of Facts section for
the rejection of claims 2, 7-9, 15, and 16 above and add the following facts, all of
which the record supports by a preponderance of the evidence.
1. The Examiner found “Dedrick further discloses sales (col 1, lines 28-42; col
1, lines 53-59) the user making purchases (col 10, lines 1-5) and tracking all user
activity (col 17, lines 15-30), and tracking advertising activity (col 9, lines 27-47).”
(Answer 11).
2. The Examiner found that “Dedrick does not explicitly disclose:
confirming the advertising information recorded on said external medium is
advertising for a product that is handled at this store, and reflecting this in the
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