Appeal No. 2004-0199
Application No. 09/385,489
We find that Appellants' use of "payment term information"
is properly construed to mean a sub-set of payment information
since the use of the word term is used. Therefore, we find that
the term "payment term information" is any information but not
all information relating to the amount of money owed by the
manufacturer to the retailer for the promotion and related
payment information. Thus, information of sales volume can be
properly construed to be "payment term information" since sales
volume of a promoted product relates to the amount of money owed
by the manufacturer to the retailer for the promotion.
We find that Jones teaches a system and method that
electronically audits and tracks the results of the retailer's
efforts while monitoring and recording all POS transactions.
Each transaction record empirically establishes what is the
incremental sales volume increase of a particular product
promoted to support the trade promotion settlement process. See
column 12, lines 14-20. Therefore, we find that Jones teaches
"capturing the terms of the trade promotion at least including
promoted product identification and payment term information in
an independent system which operates independently from the
retailer and the manufacturer in storing the captured terms of
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