Ex Parte CURRY - 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                                   for publication and is not binding precedent of the Board.                          


                         UNITED STATES PATENT AND TRADEMARK OFFICE                                                     
                                                     __________                                                        
                              BEFORE THE BOARD OF PATENT APPEALS                                                       
                                            AND INTERFERENCES                                                          
                                                     __________                                                        
                                       Ex parte JAMES PRESCOTT CURRY                                                   
                                               Appeal No. 2005-0509                                                    
                                             Application No. 09/449,237                                                
                                                     __________                                                        
                                                      ON BRIEF                                                         
                                                     __________                                                        
                 Before BARRETT, BARRY, and MACDONALD, Administrative Patent Judges.                                   
                 MACDONALD, Administrative Patent Judge.                                                               



                                              DECISION ON APPEAL                                                       

                        This is a decision on appeal from the final rejection of claims 81-93 and                      
                 95-97.  Claims 1-80 and 94 have been canceled.                                                        

                                                      Invention                                                        
                        Appellant’s invention relates to a method and system that allows users to                      
                 custom design interactive fitness, diet, and rehabilitation programs and purchase                     
                 goods.  The system and method includes at least one portal, a distributed                             
                 network, and a controller or server.  The portals are distributed to sponsors to                      
                 provide distributed access to the controller.  For example, a sponsored portal                        
                 could be a kiosk placed in a heath club, fitness center or shopping mall.  An                         






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