Appeal No. 2005-0823
Application No. 10/300,895 Page 28
travel agencies of plans to change its established practice of
weekly reporting. On March 19, 2003 ARC issued a notice that it
intended to implement its new practice on June 4, 2003.
The Declaration additionally states that under ARC's current
practice, agents are still required to report each day's sales to
ARC by midnight, but ARC now reports those ticket issuances to
the airlines by midnight the following day. On page 3 of the
Declaration, it is asserted that under the new policy (of
following day reporting) airlines are collecting substantial new
fee-based revenue, which was lost under the old practice of
allowing weekly reporting.
We have also considered the Exhibits that accompany the
Declaration. However, although the Declaration addresses the
implementation of following day reporting, the Declaration is
silent as to when those in the travel agency or airline industry
were aware of the idea of going from weekly reporting to a
shorter period of daily or following day reporting. The issue is
not when the change from weekly reporting to daily reporting was
implemented, but rather when artisans were aware of going from
weekly reporting to a shorter period, such as daily or following
day reporting, as in IATA and Cogswell. Thus, while the
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