Ex Parte Hind et al - Page 6

             Appeal 2007-2593                                                                                   
             Application 09/859,359                                                                             

        1           07. Generally, when a consumer uses the portable bar code scanner, it will                  
        2              be releasably mounted to their shopping cart so that the consumer's                      
        3              hands are free (Sloane 4:8-10).                                                          
        4           08. After Sloane’s portable bar code scanner has sent the product code                      
        5              information to the computer/controller, the computer/controller sends the                
        6              product description and price information on the scanned product to the                  
        7              portable bar code scanner. Based on the received promotional product                     
        8              information, if the scanned item is a designated sale item, the scanner                  
        9              offers the consumer the discount or promotion. In addition to the                        
        10             discount or promotion offered, the system can also send additional                       
        11             promotional messages to the consumer based on the product bar code                       
        12             information received (Sloane 7:65-8:12).                                                 
        13          09. Sloane’s Figs. 8a-8c show examples of additional messages that could                    
        14             be sent to the consumer. In the first example, the bar code scanner can                  
        15             tell the consumer that a competitive product, or other products in the                   
        16             same product category as the scanned label or product, are being offered                 
        17             at a discount, or with another consumer promotion. The consumer then                     
        18             finds the promoted product being offered, scans its shelf label or the                   
        19             product itself with scanner, and the scanner then displays the discount                  
        20             (Sloane 8:13-29).                                                                        
        21          10. Sloane’s Fig. 8b shows another example of a different promotion                         
        22             message that tells the consumer that a discount is being offered if a                    
        23             certain quantity of the scanned item is purchased. The consumer can                      
        24             then choose to purchase the additional products, and the scanner will                    


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