Appeal No. 2002-0828
Application No. 09/475,126
Upon our review of the Travelsavers' website, Rice and
SanFilippo, we fail to find that these references teach a system
for allocating commissions. Travelsavers presents a web-base
system that provides national marketing and advertising
initiatives to motivate customers to travel and then the website
refers them to member agencies. Travelsavers does not determine
commissions for their member agencies. These commissions are not
paid based solely upon the sales delivered to each of the
geographic distribution/representation areas. The commissions
are based upon which member agency made the sale. Therefore, we
will not sustain the Examiner's rejection of Appellant's claims
under 35 U.S.C. § 102.
Rejection under 35 U.S.C. § 103
In rejecting claims under 35 U.S.C. § 103, the Examiner
bears the initial burden of establishing a prima facie case of
obviousness. In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,
1444 (Fed. Cir. 1992). See also In re Piasecki, 745 F.2d 1468,
1472, 223 USPQ 785, 788 (Fed. Cir. 1984). The Examiner can
satisfy this burden by showing that some objective teaching in
the prior art or knowledge generally available to one of ordinary
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