Appeal No. 2005-0956 Page 11
Application No. 09/342,866
Claim 1, requires that the “said price [be] scaled to the performance of the
buyer.” Despite our repeated reviews of the Marino patent, we do not find
scaling of the price. Marino teaches that there is a reduced rate for a call (col. 3,
line 63) and that the reduced rate may be accumulated over a monthly bill (col. 4,
lines 19-20), which we read as a reduced rate for plural calls. However, to meet
the “scaled price” limitation of claim 1, the system of Marino would need to teach
plural reduced rates for a single call, for example, accumulating separate credits
for each advertisement in a set of advertisements (col. 4, lines 53-60) and
applying all the credits to reducing the rate of the same call. We find that Marino,
without more, does not teach such a scaling feature.
Therefore, we will not sustain the Examiner’s rejection under 35 U.S.C. § 103.
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