Appeal No. 2002-0410
Application No. 08/802,575
teaching of storing message data and locating data, we find it unreasonable to
extrapolate this operational data to reach the conclusion that any message containing
data from a stored database and communicated to a specific subscriber by a processor
would have been obvious.1 This would require us to speculate, which we decline to do.
Additionally, appellants argue that the message data stored in Wang is not a
database. (See brief at pages 8-9). We agree with appellants and find that the request
for transmission of a page and the associated message data is not a database and
would not in our opinion have fairly suggested the storage and use of or compiling of a
“bargain information database.” Therefore, the examiner has not set forth a prima
facie case of obviousness of the claimed invention, and we cannot sustain the rejection
of independent claims 1 and 9 and their dependent claims 2-8 and 10-18.
1 While we do agree with the examiner that the breadth of the method claim is quite broad, and
we do find it quite well know that many shoppers have networked and spread the word of bargains so as
to get the great deals, the examiner has provided no such evidence that the type of methodology or a
similar methodology has been reduced to a tangible technological based system using a database and a
processor whether the mode of notice is phone, page, email or traditional paper mail. The examiner has
cited and expressly stated that the Champion, III et al. patent (4,812,843) has not been applied against the
claims. Therefore, we have not relied upon this teaching. From our review of the abstract of the
Champion, III et al. patent we note that the patent teaches that “[t]he system provides information . . .
which may be of interest to a subscriber including airline flight and related travel and stock information.”
The system “ automatically provides the subscriber with updated information concerning changes in status
or condition.” Additionally, we note that the examiner has not indicated any search in class 705, which is
directed to many of the automated business methods. Upon return of the case to the examiner, the
examiner should consider a search in this area.
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