Ex Parte GARDENSWARTZ et al - Page 14




          Appeal No. 2003-0293                                                        
          Application No. 09/472,197                                Page 14           

          advantage of presenting customers incentives they would be                  
          interested in, and that therefore, the combination of Scroggie              
          sand Jermyn would be redundant.  It is further argued that there            
          would have to be a showing that Jermyn's technique for                      
          customizing purchasing incentives somehow has an advantage over             
          Scroggie for there to be a motivation to combine the teachings of           
          Scroggie and Jermyn.                                                        
               Scroggie maintains a database having a user's purchase                 
          history.  The data base is developed as a result of consumers               
          being uniquely identified on each visit to a store, by use of a             
          frequent shopper card, a credit card, or some other form of                 
          identification (page 20).  Jermyn is directed to a method and               
          apparatus for generating a purchase incentive mailing based upon            
          prior purchase history (col. 1, lines 1-4).  Global consumer                
          purchase database 32 contains a complete purchase history for               
          each identifiable consumer for some relatively long period of               
          time, such as one year. Jermyn additionally categorizes or                  
          profiles each consumer household in terms of its apparent loyalty           
          to promoted brands of products.  Three profile categories are               
          shown in figure 3.  They include: consumers loyal to competitive            
          brands, consumers who are loyal to the promoted brand, and                  
          consumers who are new to the promoted product category.  The                








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