Ex Parte SULLIVAN et al - Page 6




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


                              capturing the terms of the trade promotions at least                                                                                        
                   including promoted product identification and payment term                                                                                             
                   information in an independent system which operates independently                                                                                      
                   from the retailer and the manufacturer;                                                                                                                
                              storing the captured terms of the trade promotions in an                                                                                    
                   electronic database of the independent system; and                                                                                                     
                              enabling the retailer and the manufacturer to access the                                                                                    
                   electronic database of the independent system to determine the                                                                                         
                   stored terms of the trade promotions.                                                                                                                  
                                                                            Reference                                                                                     
                              The reference relied on by the Examiner is as follows:                                                                                      
                   Jones                                             5,832,458                                         Nov. 3, 1998                                       
                                                                   Rejection at Issue                                                                                     
                              Claims 1-17, 19-62, 64-82 and 84-94 stand rejected under                                                                                    
                   35 U.S.C. § 102 as being anticipated by Jones.                                                                                                         
                              Claims 18, 63 and 83 stand rejected under 35 U.S.C. § 103 as                                                                                
                   being unpatentable over Jones.                                                                                                                         
                              Throughout our opinion, we make reference to the briefs1 and                                                                                
                   answer for the respective details thereof.                                                                                                             
                                                                             OPINION                                                                                      
                              With full consideration being given to the subject matter on                                                                                
                   appeal, the Examiner's rejections and the arguments of Appellants                                                                                      

                              1 Appellants filed an appeal brief on December 9, 2002.                                                                                     
                   Appellants filed a reply brief on March 13, 2003.  The Examiner                                                                                        
                   mailed out an Office communication on April 8, 2003, stating the                                                                                       
                   reply brief has been entered into the record.                                                                                                          
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