Ex Parte Ewald - Page 2



         Appeal No. 2006-1365                                                       
         Application No. 10/672,133                                                 
              one or more broadcast receivers that receive a broadcast              
         media including information relating to goods and services that            
         can be purchased by persons receiving the media, the receiver              
         further selectively recording the purchase data for goods and              
         services that a person purchases relating to the broadcast media;          
         and                                                                        
              one or more servers that selectively receive and verify               
         purchase data sent from the one or more receivers.                         
                                   THE REFERENCE                                    

         Kesling et al. (Kesling)       2002/0132575       Sep. 19, 2002            
                                   THE REJECTION                                    

              The claims stand rejected as follows: claims 1-13 and 15-19           
         under 35 U.S.C. § 102(e) as anticipated by Kesling, and claim 14           
         under 35 U.S.C. § 103 as obvious over Kesling in view of official          
         notice.                                                                    
                                      OPINION                                       

              We affirm the aforementioned rejections.                              
              Kesling discloses systems and methods for facilitating                
         mobile commerce (¶ 0011).  If a radio listener wants to purchase           
         a product that has just been advertised, the listener can press a          
         select button (1220) to receive further information regarding the          
         product such as price and availability, and “[t]he listener might          
         even complete the transaction using radio 20, which, since it              
         includes the high power wireless transceiver, can function as a            
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