Appeal No. 2005-1722
Application 10/420,901
to make a particular purchase, in other words, to promote
particular sales, whereas the "award points" of the claimed
invention are to encourage customer loyalty (RBr3-4). It is
argued that the examiner does not address the argument that
Cameron's "marketing promotions" do not suggest "award points"
that are issued in connection with a purchase and redeemable for
rewards (RBr4). It is argued that the examiner incorrectly
assumes that a "club" at column 20, line 24 of Cameron implies a
"promotional club" or "loyalty club", but even accepting the
contention, Cameron does not suggest a club that issues award
points or that offers promotions for "looking up" promotions
(RBr5). Appellant argues that the mere fact that Cameron's
system could have been modified to incorporate award points that
are redeemable for awards does not alone make the modification
obvious (RBr6). As to the examiner's assertion that it is
difficult to conduct a promotional/loyalty club without award
points, appellant argues that the invention is not an award-based
loyalty program, but an on-line implementation of such and it is
not common knowledge or well known in the art or somehow inherent
that promotional clubs also issue award points (RBr7). It is
argued that the examiner's "logic" is no more than a hindsight
recreation of the claimed invention (RBr7-8).
The "marketing promotions" described in Cameron at
column 20, lines 7-12, do not include award points. We agree
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