Ex Parte THOMAS - Page 10




          Appeal No. 2003-0238                                                        
          Application No. 08/886,349                                                  


          claim 38 is lacking from the references: a survey is produced at            
          an Internet-based survey manager based on survey information                
          provided by a survey requestor.  We direct appellant's attention            
          to paragraphs 2-6 of Greenfield Online.  Greenfield explains (in            
          paragraphs 2, 3, and 5) that they are a market research firm with           
          an "in-house hardware and software system linked to the World               
          Wide Web" and with clients who are marketers with World Wide Web            
          sites.  Clearly, Greenfield is an Internet-based survey manager,            
          and the clients are marketers requesting a survey.  Furthermore,            
          as Greenfield conducts quantitative and qualitative research,               
          Greenfield produces the surveys.  Although, Greenfield does not             
          explicitly state that the survey is produced based on information           
          provided by the client, it would have been obvious to use                   
          information provided by the client to assure that the survey best           
          represented the needs of the client.  Accordingly, we are not               
          persuaded by appellant's argument.                                          
               Appellant (Brief, pages 20-22) argues that none of the                 
          references teach or suggest that the survey information used to             
          produce the survey is obtained from on-line interaction between             
          the survey requestor and the Internet-based survey manager, as              
          recited in claims 39 and 45.  In particular, appellant contends             
          (Brief, page 21) that the references fail to teach identifying a            

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