Ex Parte BUSCHE et al - 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                  and is not binding precedent of the Board.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 FREDERICK D. BUSCHE                                         
                                        and DAVID MARCOTTE                                             
                                                                                                      
                                       Appeal No. 2005-1644                                            
                                     Application 09/400,5831                                           
                                                                                                      
                                              ON BRIEF                                                 
                                                                                                      
            Before KRASS, BARRETT, and SAADAT, Administrative Patent Judges.                           
            BARRETT, Administrative Patent Judge.                                                      


                                        DECISION ON APPEAL                                             
                  This is a decision on appeal under 35 U.S.C. § 134(a) from                           
            the final rejection of claims 39, 41-44, 53, and 55-58.                                    
                  We affirm and enter a new ground of rejection.                                       

                  1                                                                                    
              Application for patent filed September 22, 1999, entitled                                
            "Method and System for Integrating Spatial Analysis and Data                               
            Mining Analysis to Ascertain Favorable Positioning of Products in                          
            a Retail Environment."                                                                     
                                                - 1 -                                                  




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