Ex Parte DEATON - Page 15




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                Page 15           


          shopping transactions or the identification of any particular               
          customer.                                                                   
               From our review of Off, we find that Off is directed to a              
          point-of-sale system for providing coupons or discounts to                  
          customers.  We agree with the examiner that an artisan would have           
          been motivated to combine the system of Off with the system of              
          Creekmore, in order to provide a coupon generating system at the            
          point-of-sale in Creekmore.  However, from our review of Off, we            
          agree with appellants that Off is not basing the generation of              
          coupons or discounts on previous transactions, but rather on the            
          current transaction.  In addition, we find that Off does not                
          disclose entering a unique customer identification number into a            
          point-of-sale terminal.  Accordingly, we find that Off does not             
          make up for the basic deficiencies of Creekmore.  The rejection             
          of claims 15 and 16 under 35 U.S.C. § 103(a) as being                       
          unpatentable over Creekmore in view of Off is therefore reversed.           


               We turn next to the rejection of claims 10, 11 and 14 under            
          35 U.S.C. § 103(a) as being unpatentable over Creekmore in view             
          of Off and further in view of Tai.  The examiner's position                 
          (answer, page 6) is that Creekmore in view of Off does not                  
          disclose that the response is related to the individual                     







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