Appeal No. 2005-1722
Application 10/420,901
promotions are award points. Nor does Cameron imply that the
club having promotions (what the examiner calls a "promotional
club") is a "loyalty club" having a loyalty purpose as assumed by
the examiner. Appellant has a valid point that the promotions in
Cameron are intended to promote sales of particular items and
not, at least as disclosed, to promote loyalty. The examiner's
rationale that the "loyalty purpose of a promotional club is
enhanced by a system of award points" is without factual basis in
any showing that the club offering promotions has a loyalty
purpose. It appears that the examiner's rationale is no more
than hindsight based on limitations read into what is meant by a
club offering promotions in Cameron.
Cameron describes "application points" where "[a]n
application point determines where [i.e., at what point] in the
application a particular promotion will be prompted" (col. 20,
lines 34-36). An "application point" is not an "award point."
For the reasons stated above, we conclude that the examiner
has failed to establish a prima facie case of obviousness with
respect to the issuing of "award points" in all of the
independent claims. The rejection of claims 1-28 is reversed.
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