Ex Parte Santos et al - Page 3



                Appeal No. 2006-1817                                                                 Page 3                           
                Application No. 09/851,514                                                                                               

                examiner's answer (mailed January 23, 2006) for the examiner's complete                                                  
                reasoning in support of the rejection and to the appellants’ brief (filed December                                       
                26, 2005) and reply brief (filed March 14, 2006) for the appellants’ arguments.                                          

                                                              OPINION                                                                    
                        In reaching our decision in this appeal, we have carefully considered the                                        
                appellants’ specification and claims, the applied prior art, and the respective                                          
                positions articulated by the appellants and the examiner.  As a consequence of our                                       
                review, we make the determinations that follow.                                                                          
                I. Independent Claim 1                                                                                                   
                        In the rejection of independent claim 1, the examiner determined that Gerace                                     
                discloses a computer-implemented method of determining differential promotion                                            
                allocation among prospective customers containing all of the elements of claim 1,                                        
                except that Gerace does not explicitly disclose target profit levels or target revenue                                   
                levels or automatically detecting contradictions between business constraints and                                        
                other aspects of the entered management information.  (Examiner’s Answer, pp. 4-                                         
                7.)                                                                                                                      
                        The examiner relies on Deaton for the teaching of target profit levels or                                        
                target revenue levels.  (Examiner’s Answer, p. 6.)  The examiner relies on Harhen                                        
                for the teaching of automatically detecting inconsistencies and contradictions                                           
                between the business constraints and other aspects of the entered management                                             
                information, automatically identifying resolutions to the inconsistencies and                                            
                contradictions, and implementing the resolutions in a campaign plan.  (Examiner’s                                        






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