Ex Parte TOGNAZZINI et al - Page 4




            Appeal No. 2000-0765                                                                              
            Application No. 08/670,929                                                                        


                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to            
            appellants' specification and claims, to the applied prior art references, and to the             
            respective positions articulated by appellants and the examiner.  As a consequence of             
            our review, we make the determinations which follow.                                              
                   At the outset, we generally agree with the examiner's rejections and application           
            of the prior art with one exception concerning the dragging and dropping to initiate a            
            search.  With this said, we will address appellants' arguments in the order made in the           
            brief and reply brief.                                                                            
                   Appellants argue that the term "advertising" or "ad" have a prominent definition           
            “to give conspicuous notice or information . . .  to the public . . . especially, to praise       
            publicly in  this way to encourage buying."  (See brief at page 5.)  We agree with                
            appellants that advertising information may be viewed differently than general                    
            information.  With this definition established, we find that Jacobs expressly teaches the         
            use of advertising information at col. 18.  Jacobs states:                                        
                   The product selection module 300 (FIG. 16) is divided into three main                      
                   parts, shown in FIG. 28, namely a marketing loop 301, a customer                           
                   selection module 320 and a product list retrieval module 340. The                          
                   marketing loop 301, which includes steps 302 to 312 (FIG. 24), shows                       
                   how the computer 2 is programmed to display the pictures and sound the                     
                   audio for attracting customers to the kiosk 10 and showing them the kinds                  
                   of products that they can purchase.                                                        

            At col. 19 Jacobs states that:                                                                    
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