Appeal No. 2002-1846
Application 09/146,199
the system’s database storing price information for a product. The “price change
at terminal” had nothing to do with the discount a customer received when
presenting a coupon for a discount.
Against that backdrop, the examiner cited to no contrary evidence or any reason why the
testimony of Mr. Katz is faulty or otherwise not credible. The meaning of “price change at
terminal,” as explained by the appellants’ witness, is also not inconsistent with the way the
appellants’ specification is written. The examiner does not pointed to anything in the
specification which tends to indicate that a price change at terminal event or operation means the
same thing as applying a discount for an individual customer at checkout.
Consequently, the examiner does not have adequate basis to find that Mindrum discloses
a “price change at terminal” event, for which pertinent test or performance data can be monitored
or stored. As applied by the examiner, none of the references Bass, Orr, Shimoda, Brachtl, and
Schultz makes up for that deficiency.
According to the examiner, Bass provides the teaching and motivation for one with
ordinary skill in the art “to monitor, store and test point of sale attributes that relate to the
performance of the system” (answer at 6). Regarding Bass, the examiner’s answer merely states
the following:
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