Ex Parte DEATON - Page 14




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                Page 14           


          it would not have been obvious to have combined the teachings of            
          Off with the teachings of Creekmore.  It is further asserted                
          (brief, page 21) that even if combined the combination would not            
          result in the claimed subject matter.  Appellants reiterate that            
          Creekmore does not teach or disclose entering a unique                      
          identification code for a customer at a point-of-sale terminal,             
          and assert (brief, page 21)  "Creekmore does not teach or suggest           
          entering into said terminal transaction data relating to the                
          customers shopping transactions."  It is argued (id.) that Off              
          only teaches or suggests entering at a point-of-sale terminal               
          transaction data relating to a current shopping transaction, and            
          does not teach entering transaction data relating to the                    
          customer's prior shopping transactions.  It is further argued               
          (brief, page 23) that Off teaches away from the claimed invention           
          because Off does not teach entering into a point-of-sale terminal           
          a unique identification code for a customer, and therefore does             
          not teach or suggest responding to an entry, during a current               
          transaction, of a unique code for a customer, as recited in claim           
          15.  It is additionally argued (brief, page 24) that Off is                 
          directed to detecting triggering products in a customer's current           
          shopping transaction, and does not involve analyzing prior                  









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