Appeal No. 2005-0473
Application No. 09/514,946
USPQ2d 1453, 1456 (Fed. Cir. 1998). Such evidence is required in
order to establish a prima facie case. In re Piasecki, 745 F.2d
1468, 1471-72, 223 USPQ 785, 787-88 (Fed. Cir. 1984).
We observe that claim 1 includes limitations related to the
use of consumer identifier information associated with a consumer
requesting access to a subscriber network site for transmitting
tailored promotions to the particular subscriber network site for
presentation to the consumer. Therefore, the consumer identifier
information based on the consumer’s online activities are used in
conjunction with the goods and services promotion data to create
the tailored promotion of goods and services offered by that
particular subscriber network site.
Gardenswartz, in the background of the invention section,
describes a method of targeted advertising over the Internet
using “cookies” that track a consumer’s online activity (col. 1,
lines 11-19). Once the consumer attempts to access as
advertiser’s web site, the advertiser generates banner ads
visible to the consumer when that site is visited (col. 1, lines
37-42). Although Gardenswartz disclosed invention takes
advantage of the consumer’s offline purchases for targeted
advertising, as stated by the Examiner, the information in the
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