Appeal No. 2003-0293
Application No. 09/472,197 Page 16
of the incentives to the demonstrated interests of the user.
From all of the above, we find that the examiner has
established a prima facie case of obviousness of claim 87 that
has not been successfully been rebutted by appellants.
Accordingly, the rejection of claim 87 under 35 U.S.C. § 103(a)
is affirmed.
We turn next to the rejection of claims 89 and 90 under 35
U.S.C. § 103(a) as unpatentable over Scroggie in view of Csaszar.
The examiner's position (answer, page 6) is that Scroggie fails
“to specifically disclose an identifier corresponding to the
targeted interactive voice response message. Csaszar et al
disclose a database containing attributes of a consumer and
targeted messages that an interactive voice response system can
deliver to a consumer based on the consumer attributes.” The
examiner asserts that it would have been obvious to provide the
database of Scroggie with the capability to store identifiers for
targeted messages and to deliver these messages via an
interactive voice response system, as an alternative system to
present targeted advertisements to consumers who may not have
access to a computer.
Appellants assert (brief, page 6) that
There is simply no motivation in the cited
references or in the body of knowledge generally
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