Ex Parte SARKISIAN et al - Page 4






            expensive automobile may weigh attributes such as comfort or prestige, but neglect                                   
            attributes such as economy, whereas a consumer considering an inexpensive                                            
            automobile may evaluate attributes such as economy rather than prestige or sportiness                                
            (pages 1 and 3).                                                                                                     
                   The examiner argues that Cooper’s table 2 discloses a vehicle brand-attribute                                 
            matrix based on customer-oriented market research (answer, page 11).  That table                                     
            discloses attributes, such as price, length and engine size, of various categories of cars                           
            such as subcompact/domestic and luxury domestic.  The categories are not brands and                                  
            there is no grouping of attributes in response to customer-oriented market research.                                 
                   The examiner argues that each of the attributes at the top of Cooper’s table 2 is                             
            an attribute class because each attribute may have many values, e.g., there may be                                   
            many car lengths and engine sizes (answer, page 12).  Each of the numbers in                                         
            Cooper’s table 2 is a particular value of the attribute set forth at the top of the table.  The                      
            particular numbers themselves are not attributes.                                                                    
                   The examiner argues that Cooper’s disclosures that consumers have different                                   
            consideration sets of car brands and that a market can be divided into submarkets in                                 
            which homogeneous consumers consider a distinctive subset of brands with a particular                                
            rule of attribute evaluation and reference to a specific ideal point (page 3) is a disclosure                        
            of generating preferred vehicle brand positions (answer, pages 13-14).  The relied-upon                              
            portions of Cooper pertain to what consumers consider when they select a car.  Those                                 
            portions do not disclose generating a preferred brand position of a new car among                                    
            competing cars.                                                                                                      
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