Ex Parte Giacchetti et al - Page 12



          Appeal No. 2006-1544                                                        
          Application 10/024,621                                                      

          In addition, Maloney (page 9) also specifically indicates that              
          the preferred consumer psychological and attitudinal information            
          collected may include “personality information.” Shim likewise              
          expressly notes the importance of such user emotional and character         
          type information in helping to target marketing data to a selected          
          group of consumers and specifically teaches using western or                
          oriental zodiac signs as part of the information collected and              
          evaluated in arriving at a personality type consumer category (Shim,        
          pages 9-10). Shim, page 10, paragraph [0201], specifically notes            
          that such an approach “improves the decreasing effect of whole              
          advertisement cost and advertisement effect because [it]... displays        
          the advertisement only to suitable users according to character             
          type.”                                                                      
          Thus, to the extent that having the astrological horoscope sign             
          of a subject would permit better evaluation of personality                  
          information and thereby better allow the system and method to               
          catagorize a subject so that targeted marketing data can be sent to         
          only those most likely to be receptive to it, as is taught in Shim,         
          it is our opinion that it would have been obvious to one of ordinary        
          skill in the art at the time of appellants’ invention to use that           
          same type of information in Maloney in recommending beauty products         
          and services to a subject, thereby enhancing the effectiveness of           


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