Appeal No. 2006-1365
Application No. 10/672,133
conventional text pager” (¶ 0066). “[D]uring the airing of a
vitamin advertisement, users would push select button 1220 to
purchase the vitamin product…. After select button 1220 is
pushed, the system administrator would immediately receive the
user’s order through a wireless network” (¶ 0090).
The appellant argues that “the broadcast receiver of
Kesling, et al., discloses at most an ‘informational request,’
and not a ‘purchase request’ as claimed the [sic] present
invention” (brief, page 5), and that “the most reasonable
interpretation of the term ‘transaction’ in this passage of
Kesling, et al. [i.e., ‘[t]he listener might even complete the
transaction using radio 20, which, since it includes the high
power wireless transceiver, can function as a conventional text
pager’ (¶ 0066)], appears to be that the transaction of the
listener obtaining further information can be completed through
the text messaging of the wireless transceiver” (brief, page 6).
Kesling’s disclosure that “during the airing of a vitamin
advertisement, users would push select button 1220 to purchase
the vitamin product” (¶ 0090) indicates that the transaction
referred to by Kesling is a purchase.
The appellant argues that the only technical detail
disclosed by Kesling is that the broadcast receiver includes a
high power wireless transceiver and can function as a
conventional text pager (¶ 0066), and that this disclosure would
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