Ex Parte HULL et al - Page 13




          Appeal No. 2002-1865                                                        
          Application 09/452,678                                                      


          as requiring that a given consumer utilize all of a given set               
          of benefits available to him or her based upon membership in a              
          common organization at the same time or any given single                    
          purchase.                                                                   
               We turn to appellants' arguments with respect to some or               
          all the dependent claims.  As to claim 3, for example, because              
          Schultz is explicit according to our earlier identification at              
          column 5 of indicating that the particular manufacturers are                
          separately invoiced for their portion of a common rewards                   
          program, we do not agree with appellants' assertion that it would           
          not have been obvious for the manufacturers to have previously              
          agreed to the respective degree of sponsorship.  As to dependent            
          claim 5, Baker makes clear that mere membership of a customer in            
          an organization provides certain "free" benefits to the customer.           
          We agree with the examiner's views that it would have been                  
          obvious to have provided a free item as a special attraction to             
          customers anyway.  It has long been the practice, for example,              
          for various credit card companies to provide free life insurance            
          when an airline ticket has been purchased by the use of the                 
          credit card.  The examiner's correlation of the features taught             
          in the references to the other dependent claims is made clear in            
          the answer and is not challenged in the reply brief.                        

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