Ex Parte MEYER et al - Page 20



          Appeal No. 2002-2174                                                        
          Application No. 09/263,166                                Page 20           

               However, many other kinds of economic incentive may be                 
               offered, such as a credit toward other services (e.g.,                 
               frequent flyer points) or a credit toward an additional                
               rebate that may be offered if a user’s traffic for a                   
               given month rises above a threshold.                                   
          From the disclosure of Johnson, we find that the second                     
          parameters displayed will depend on one or more characteristics             
          of the computer e.g., additional rebate if the user's traffic               
          rises above a threshold for a given month. Accordingly, the                 
          rejection of claim 28 under 35 U.S.C. § 102(b) is affirmed.                 
               We turn next to claim 30.  The examiner's position is found            
          on page 8 of the answer.  The claim requires that a parameter of            
          the displayed second set of parameters depends on the set                   
          consisting of the present time, present date, and location.                 
          Although time, data and location are parameters for incentives,             
          the claim requires that a parameter of the displayed second set             
          of parameters consists of the above group.  Johnson discloses               
          (col. 5, lines 30-39) that:                                                 
               However, many other kinds of economic incentive may be                 
               offered, such as a credit toward other services (e.g.,                 
               frequent flyer points) or a credit toward an additional                
               rebate that may be offered if a user’s traffic for a                   
               given month rises above a threshold.  The economic                     
               incentive could be a combination of rate and another                   
               incentive.  But the economic incentive should be                       
               selected from a limited set authorized by the provider                 
               of the bidding mechanism, because the incentive must be                
               capable of being evaluated by the software in each                     
               subscribing switch’s adjunct computer.                                 





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