Ex Parte SULLIVAN et al - Page 5




                    Appeal No. 2004-0199                                                                                                                                  
                    Application No. 09/385,489                                                                                                                            


                    facilitate settlement of the promotion by such options as                                                                                             
                    electronic fund transfer payment.                                                                                                                     
                             Appellants' independent claims 1 and 33 are representative                                                                                   
                    of the claimed invention and are reproduced as follows:                                                                                               
                    1.       A method for an independent system operator to administer a                                                                                  
                    trade promotion for a product involving a manufacturer and a                                                                                          
                    retailer having at least one store with an in-store POS system,                                                                                       
                    said method comprising the steps of the independent system                                                                                            
                    operator:                                                                                                                                             
                             capturing terms of the trade promotion at least including                                                                                    
                    promoted product identification and payment term information for                                                                                      
                    said trade promotion;                                                                                                                                 
                             storing the captured terms of the trade promotion in an                                                                                      
                    independent system operator database;                                                                                                                 
                             collecting from the retailer product POS data from at least                                                                                  
                    one in-store POS system of the retailer;                                                                                                              
                             filtering the product POS data using the promoted product                                                                                    
                    identification stored in the independent system operator database                                                                                     
                    to obtain promoted product POS data;                                                                                                                  
                             processing the promoted product POS data in accordance with                                                                                  
                    the stored payment term information of the trade promotion in the                                                                                     
                    independent system operator database to determine an amount of                                                                                        
                    money the manufacturer owes to the retailer for the trade                                                                                             
                    promotion; and                                                                                                                                        
                             facilitating the manufacturer's payment of the amount of                                                                                     
                    money owed to the retailer for the trade promotion.                                                                                                   
                    33. A method for enabling a retailer and a manufacturer involved                                                                                      
                    in a plurality of trade promotions for a plurality of products to                                                                                     
                    independently verify the terms of the trade promotions, said                                                                                          
                    method comprising the steps of:                                                                                                                       


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