Appeal No. 2004-1586
Application No. 10/132,863
customers after punching out the indicia therein (upon completion
of each business transaction). We find that Edge suggests the
types of cards described above can be used for various business
establishments, inclusive of the hotel business establishment
mentioned in Kasprzycki. Also, as hotels in general are known to
have restaurants and/or are known to provide lunch or breakfast
upon customers’ request, we find that one of ordinary skill in
the art would have recognized that the lunch card provided by
Sports Pub is equally useful for the hotel business establishment
mentioned in Kasprzycki. We find that Edge and Sports Pub either
explicitly or implicitly teach that the cards in question are
useful for inducing steady and repetitive business. See Edge,
column 1, lines 11-12, and Sports Pub’s inducement reflected in
its lunch card.
Under these circumstances, we concur with the examiner that
one of ordinary skill in the art would have been led to employ
the card described in Edge or Sports Pub as the marketing,
promotional or advertising card of the key chain assembly
described in Kasprzycki and use such key chain assembly in the
manner recited in claim 4 as indicated supra, motivated by a
reasonable expectation of improving an incentive for steady and
repetitive business. One of ordinary skill in the art would also
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