Ex Parte Vincent - Page 4

                Appeal 2007-0271                                                                              
                Application 09/750,948                                                                        

                      evaluates, or analyzes, each customer profile in order to                               
                      generate customized recommendations. The Net Perceptions                                
                      software must be programmed to correlate specific customer                              
                      profile data with a particular set of recommendations if the                            
                      recommendations are to be customized for each customer. As                              
                      a matter of fact, Net Perceptions' "recommendation engine                               
                      zeroes in on individual preferences by pooling information                              
                      from current and previous calls, and by drawing upon a                                  
                      database of information on other customers with similar                                 
                      buying patterns" (¶ 4), thereby indicating that patterns of                             
                      successful sales are gleaned from the patterns of "other                                
                      customers with similar buying patterns." Clearly, Net                                   
                      Perceptions analyzes customer data to determine one or more                             
                      patterns. Then, the sales agent may be prompted to enter                                
                      additional customer information and/or be provided with                                 
                      personalized recommendations for each customer. These                                   
                      instructions and/or output generated by Net Perceptions are                             
                      not only based on rules, but may also be interpreted as rules                           
                      generated by Net Perceptions and presented to the sales                                 
                      agent.                                                                                  
                (Answer 8-9.2)                                                                                
                      Based on these conflicting positions, the § 102(b) issue before us is,                  
                does Net Perceptions disclose "one or more data analysis tools comprising                     
                executable instructions to analyze said customer data to determine one or                     
                more patterns and generate a set of rules based upon said patterns," as                       
                required by claim 1?                                                                          
                      With respect to the § 103(a) issue, Appellant contends:                                 
                      Neither the Net Perceptions Publication or Andrews, taken                               
                      singularly or in combination, teaches "one or more data                                 
                      analysis tools comprising executable instructions for                                   
                      analyzing said customer data from said plurality of channels                            
                                                                                                             
                2 The paragraph numbers correspond to handwritten numbers on the                              
                documents in the record.                                                                      
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