Appeal No. 2005-2439
Application No. 09/754,378
specifically refers to e-mail, they argue that an e-mail is an
electronic communication. Even though the specification never
specifically states that coupons are sent to users by way of
e-mail, we agree with appellants that the specification in its
entirety would have suggested this manner of communication to the
artisan. Specifically, the specification teaches that the
Internet-accessible location keeps track of individual users by
noting the user’s on-line address. The user’s on-line address is
the same as the user’s e-mail address. The fact that the coupon
distributor has the e-mail address of each user suggests that
coupons could be delivered to the user by way of e-mail. Thus,
we find that the disclosed invention contemplated the use of
e-mail for the distribution of coupons.
With respect to claim 91, the examiner objects to the phrase
“wherein downloading the incentive data management software
module comprises downloading the unique identifier” because the
specification does not disclose this combination of features
[answer, page 4]. Appellants respond by citing an exemplary
portion of the specification and drawings which allegedly support
claim 91 [brief, page 12]. The examiner responds that although
the specification supports downloading uniquely identified
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