Appeal No. 2003-0293
Application No. 09/472,197 Page 6
Because the identifiers are used in determining the information
to be delivered in a targeted advertisement, the claim recites
statutory subject matter. Moreover, we find that the claimed
data structure is more than descriptive material such as music,
art, literature, photographs and mere arrangements of facts or
data that are merely stored so as to be outputted without
creating any functional relationship, either as part of the
stored data or as part of the computing process performed by the
computer. In sum, we find claim 85 to be statutory within the
meaning of 35 U.S.C. § 101. The rejection of claim 85 under 35
U.S.C. § 101 is therefore reversed. We additionally reverse the
rejection of claims 86-90 based upon our findings with respect to
claim 85.
We turn next to the rejection of claims 85-90 under 35
U.S.C. § 103(a) as unpatentable over Scroggie in view of the
secondary references. We begin with the rejection of claims 85
and 86 under 35 U.S.C. § 103(a) as unpatentable over Scroggie in
view of Laor.
In rejecting claims under 35 U.S.C. § 103, it is
incumbent upon the examiner to establish a factual basis to
support the legal conclusion of obviousness. See In re Fine, 837
F.2d 1071, 1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so
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