Ex Parte Vincent - Page 6

                Appeal 2007-0271                                                                              
                Application 09/750,948                                                                        

                (Answer 10.3  See also Answer 8-9 (quoted in relation to the                                  
                § 102(b) issue).)                                                                             
                      The § 103(a) issue before us is, when considered together do Net                        
                Perceptions and Andrews disclose "one or more data analysis tools                             
                comprising executable instructions for analyzing said customer data from                      
                said plurality of channels and determining one or more patterns from said                     
                data,” as required by claim 11?                                                               

                                           FINDINGS OF FACT4                                                  
                      1.  Net Perceptions discloses “maintaining an interaction repository                    
                containing customer data.”  (See Net Perceptions, ¶¶ 2-4 (“builds customer                    
                profiles,” including “customer purchase histories, preferences and tastes . . .               
                by pooling information from current and previous calls, and by drawing                        
                upon a database of information on other customers”).)                                         
                      2.  Net Perceptions discloses “utilizing one or more data analysis tools                
                comprising executable instructions to analyze said customer data to                           
                determine one or more patterns.”  (See Net Perceptions, ¶¶ 2-4 (“system’s                     
                recommendation engine zeroes in on individual preferences by pooling                          
                information from current customers and previous calls, and by drawing upon                    
                a database of information on other customers with similar buying                              
                patterns”).)                                                                                  

                                                                                                             
                3 See supra note 2.                                                                           
                4 Findings of Fact are abbreviated “FF.”                                                      

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