Appeal No. 2002-2174
Application No. 09/263,166 Page 16
existence message may include an icon, or an audiovisual or
graphical incentive icon. We are not persuaded by either
argument as claim 13 does not recite these features. From our
review of Johnson, we find that the displayed bid parameters
comprise an incentive existence message and that one parameter,
e.g., price, can be the incentive existence message.
Accordingly, we find claim 13 to be anticipated by Johnson. The
rejection of claim 13 under 35 U.S.C. § 102(b) is therefore
affirmed.
We turn next to claim 14. Appellants assert (brief, page
26) that Johnson does not describe that one or more parameters of
the same incentive depend on one or more characteristics of the
consumer. We affirm the rejection of claim 14 based upon our
findings, supra, with respect to claim 12, and for the reasons
set forth by the examiner (answer, page 8).
We turn next to claim 16. We cannot sustain the rejection
of claim 16 because Johnson does not disclose transmitting
consumer identification information to a member information
computer. Nor does Johnson disclose storing consumer
identification data in a database coupled to a member information
computer. Johnson does receive consumer identification
information in the form of the user's telephone number. However,
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