Ex Parte MERRIMAN et al - Page 1



            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         
                                                            Paper No. 29              
                       UNITED STATES PATENT AND TRADEMARK OFFICE                      
                                     ____________                                     
                          BEFORE THE BOARD OF PATENT APPEALS                          
                                   AND INTERFERENCES                                  
                                     ____________                                     
                    Ex parte DWIGHT A. MERRIMAN and KEVIN O’CONNOR                    
                                     ____________                                     
                                 Appeal No. 2004-1828                                 
                              Application No. 09/094,9491                             
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before GROSS, SAADAT and MACDONALD, Administrative Patent Judges.           
          SAADAT, Administrative Patent Judge.                                        

                                  DECISION ON APPEAL                                  
               This is a decision on appeal from the Examiner’s final                 
          rejection of claims 85-100.  Claims 1-84 have been canceled.                
               We reverse.                                                            
                                     BACKGROUND                                       
               Appellants’ invention is directed to automated selection of            
          direct advertisements that correlate with particular users and              
          groups of users of media.  According to Appellants, when Internet           
          users make a transaction or click on a direct advertisement, such           

               1  Application for patent filed June 15, 1998, which claims the filing 
          priority benefit under 35 U.S.C. § 119 of Provisional Applications No.      
          60/048,940, filed June 16, 1997 and No. 60/049,877, filed June 17, 1997.    




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