Appeal No. 2002-2256
Application 09/286,304
incentive system in Deaton based on the preselected criteria of
the amount purchased by the customer (e.g., col. 69,
lines 37-40), where two or more items are purchased, the
incentive data depends on "(1) purchase of a first item," because
items have to be purchased and any item can be considered a first
item, and depends on "(2) a price of said first item, and (3) a
price for a second item," because the incentive is based on the
total combined price of the items. Appellants argue that
"Claim 10 does not define the second item as contained in the
same purchase transaction as the first item" (RR11); however,
claim 10 does not preclude the second item from being a purchased
item. Although Deaton's system depends on the purchase of each
item and the price of each item, claim 10 does not preclude the
incentive from being based on other criteria in addition to those
expressly claimed. The rejection of claims 10-13, 15, 17-20, 22,
and 24 is sustained or affirmed.
CONCLUSION
The portion of the original decision (Paper No. 21) entered
September 23, 2204, concerning claims 10-13, 15, 17-20, 22, and
24 is vacated. The rejection of claims 10-13, 15, 17-20, 22, and
24 is sustained based on the examiner's rejection.
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