Ex Parte MEYER et al - Page 19



          Appeal No. 2002-2174                                                        
          Application No. 09/263,166                                Page 19           

               We turn next to claim 23.  Claim 23 requires that the                  
          incentive existence message includes interaction means for the              
          consumer to interact with the incentive, and that the displaying            
          of the second set of parameters is in response to the consumer              
          interacting with the interaction means.  Appellants assert                  
          (brief, page 24) that the examiner has not shown how Johnson has            
          this feature.  From our review of Johnson, we find that the end             
          user's selection of one of the bids or incentives offered can be            
          considered to be interacting with the incentive.  However, we               
          find that the parameters are displayed to the user for the user             
          to select a bid or incentive, and that Johnson does not disclose            
          that the second set of parameters is displayed to the user in               
          response to the consumer interacting with the interacting means.            
          Accordingly, the rejection of claim 23, and claim 27, dependent             
          therefrom, is reversed.                                                     
               We turn next to claim 28.  The claim requires that at least            
          one parameter of the displayed second set of parameters depends             
          on one or more characteristics of the consumer.  Appellants                 
          assert (brief, page 26) the same arguments that were presented              
          for claims 12 and 14.  From the disclosure of Johnson (col. 5,              
          lines 30-34) we find that:                                                  







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