Appeal No. 2005-0903
Application 10/170,305
Upon our review of Appellants’ specification, we fail to
find any definition of the term “funnel profile” that is
different from the ordinary meaning. We find the ordinary
meaning of the term “funnel profile” or, as it is more commonly
called in the art, a “purchase funnel” is the sequence of the
purchase decision-making process. Thus, for products, marketers
focus on moving consumers down the “purchase funnel” -- from
awareness, to consideration, to intent, to purchase. In our
review of Kesel we do not find anything that corresponds to a
“funnel profile” or a “purchase funnel”. We find that Kesel
fails to teach this feature and the Examiner has not met the
initial burden of establishing a prima facie case of obviousness.
Therefore, we will not sustain the Examiner’s rejection
under 35 U.S.C. § 103.
Other Issues
We strongly recommend the Examiner search the prior art
literature for teachings directed to a “purchase funnel” and its
uses.
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