Appeal No. 2004-1828
Application No. 09/094,949
marketing to specific users’ needs based on a database of users’
credit card purchase information. Although the database
marketing of Cespedes selects the advertisements presented to a
user based on the available user information in the database, it
is not clear exactly what features of Cespedes teach or suggest
the selection of advertisements based at least in part upon
advertiser feedback. Similarly, the Examiner relies on the high
level discussion of advertisement models in Harvey to conclude
that adding the specific claimed language regarding the
advertiser feedback to Kohda is suggested by Harvey. However, we
remain unconvinced that any of these advertisement approaches
conclusively establishes the obviousness of modifying Kohda to
include the claimed selection of advertisements based at least in
part upon advertiser feedback, as recited in claim 85.
Additionally, Appellants argue that the advertisement Kohda
selects for display is not from the same plurality of
advertisements to which the user responded (brief, page 7; replay
brief, page 4). However, we do not find any specific arguments
presented by the Examiner to address this limitation or to rebut
Appellants’ position. As argued by Appellants, there is nothing
in Kohda to indicate that the selected advertisements based on
the information received from the augmented browser are from the
advertisements that led to the user’s transaction.
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