Ex Parte Altman et al - Page 2



         Appeal No. 2004-1379                                                       
         Application No. 09/823,458                                                 

         and the information is filtered by user preferences stored in the          
         communication device.                                                      
         Representative claim 1 is reproduced as follows:                           
              1.   A method comprising:                                             
              identifying a reference location; and                                 
                                                                                   
              providing consumer information determined at least                    
              in part on a vendor’s proximity to the reference                      
              location, wherein the consumer information being received             
              by a portable communication device is filtered by user                
              preferences stored in the portable communication device.              
         The examiner relies on the following references:                           
         Amin et al. (Amin)            6,353,398            Mar. 05, 2002           
         (filed Oct. 22, 1999)                                                      
         Titmuss et al. (Titmuss)      6,397,040            May  28, 2002           
         (filed Apr. 09, 1998)                                                      
         Claims 1, 3-20 and 22 stand rejected under 35 U.S.C.                       
         § 103(a).  As evidence of obviousness the examiner offers Amin in          
         view of Titmuss.                                                           
         Rather than repeat the arguments of appellants or the                      
         examiner, we make reference to the brief and the answer for the            
         respective details thereof.                                                
         OPINION                                                                    
         We have carefully considered the subject matter on                         
         appeal, the rejection advanced by the examiner and the evidence            
         of obviousness relied upon by the examiner as support for the              

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