Ex Parte GARDENSWARTZ et al - Page 2




          Appeal No. 2003-0293                                                        
          Application No. 09/472,197                                 Page 2           

               85.  A computer readable medium for storing information for            
          delivering a targeted advertisement, comprising a data structure            
          including:                                                                  
               a first field for storing a first identifier identifying a             
          first computer associated with a consumer; and                              
               a second field linked to the first field for storing a                 
          second identifier associated with said first identifier and                 
          corresponding to an observed offline purchases history of the               
          consumer, said purchase history including information of an                 
          offline purchase of the consumer collected at a point of sale               
          when the offline purchase transpired, the first identifier and              
          the second identifier being readable by at least one processor to           
          automatically deliver the targeted advertisement to the first               
          computer in response to receiving the first identifier from the             
          first computer.                                                             

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Csaszar et al. (Csaszar)      5,970,124           Oct. 19, 1999             
          Jermyn                        6,026,370           Feb. 15, 2000             
                         (filed August 28, 1997)                                      
          Laor                          6,076,069           Jun. 13, 2000             
                         (filed September 25, 1998)                                   
          Scroggie et al. (Scroggie)    WO 97/23838         July  3, 1997             

               Claims 85-90 stand rejected under 35 U.S.C. § 101 as being             
          directed to non-statutory subject matter.                                   
               Claims 85 and 86 stand rejected under 35 U.S.C. § 103(a) as            
          being unpatentable over Scroggie in view of Laor.                           
               Claim 87 stands rejected under 35 U.S.C. § 103(a) as being             
          unpatentable over Scroggie in view of Jermyn.                               









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