Appeal No. 2004-0199
Application No. 09/385,489
Rejection of Independent claims 1, 23, 37, 47, 68, 74, 77, 88, 89
and 90 under 35 U.S.C. § 102
Appellants argue that Jones does not disclose a method or
system for an independent system operator to process the promoted
product POS data in accordance with stored payment term
information of the trade promotion in the independent system
operator database to determine the amount of money the
manufacturer owes to the retailer for the trade promotion and
facilitating the manufactures payment of the amount of money owed
to the trade retailer to the trade promotion. See pages 21-25,
27-32, 34 and 35 of the brief.
Upon our review of Jones, we agree that Jones teaches a
system or method for an independent system operator of capturing
terms of the trade promotion at least including promoted product
identification and sales volume for the trade promotion and
storing these captured terms. However, we fail to find that
Jones teaches the independent system operator to determine the
amount of money the manufacturer owes to the retailer for the
trade promotion and facilitating the manufactures payment and the
amount of money owed. Jones clearly teaches that the reports
provided are sent to the manufacturer to support the settlement
process. However, Jones does not teach that the independent
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