Ex Parte SCROGGIE et al - Page 5




          Appeal No. 2004-1267                                                        
          Application No. 08/873,974                                                  


               We find appellants’ arguments insufficient to overcome the             
          examiner’s reasonable explanation that Narasimhan suggests, at              
          column 4, lines 62-65, and column 8, lines 4-13, providing for              
          certain geographic-specific promotions to consumers.  Again,                
          appellants do not appear to have addressed the specific teachings           
          of Narasimhan, as pointed out by the examiner.  Appellants’ mere            
          assertion that there is no evidence supporting the examiner’s               
          rationale, or that the examiner’s conclusions are “vague,” fails            
          to point out the error in the examiner’s position that Narasimhan           
          clearly suggests using geographic-specific promotions.                      
               Having responded to each and every assertion made by                   
          appellants in the Request for Rehearing, filed August 6, 2004,              
          and finding nothing persuasive therein, we decline to make any              
          modification to our decision of July 29, 2004.  Appellants’                 
          request for rehearing is granted to the extent that we have                 
          reviewed and reconsidered our decision and the evidence of                  
          record, but the request is denied with respect to making any                
          changes therein.                                                            









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