Ex Parte Santos et al - Page 7



                Appeal No. 2006-1817                                                                 Page 7                           
                Application No. 09/851,514                                                                                               

                        In particular, as found by the examiner, the tool of Harhen makes projections                                    
                about the business enterprise based on many factors by applying multiple                                                 
                reasoning methods.  (Harhen, col. 4, lines 50-54.)  “The process starts when the                                         
                user asks the system to solve a problem.  The typical question is to determine the                                       
                behavior of a variable in the future.”  (Harhen, col. 5, lines 52-55.)  The tool                                         
                performs variable projections by applying multiple reasoning methods.  (Harhen,                                          
                col. 5, lines 21-24.) Applying different reasoning methods gives rise to the need for                                    
                reconciliation rules (choosing between competing evidence based on its                                                   
                plausibility).  (Harhen, col. 5, lines 21-32.)  A problem tree, representing the path                                    
                to the final hypothesis, is constructed as the search for a solution proceeds.                                           
                (Harhen, col. 6, lines 33-37.)  “The reconciliation rules prune the search tree by                                       
                eliminating inferior hypotheses.”  (Harhen, col. 6, lines 7-12.)  Harhen’s tool                                          
                documents both the evidence that it has adopted and also “those reasoning methods                                        
                and conclusions that it has decided to ignore” so as to “facilitate[ ] explanation of                                    
                the solution path created.”  (Harhen, col. 5, lines 37-49 and Examiner’s Answer,                                         
                pp. 15-17.)                                                                                                              
                        With regard to the Deaton reference, the appellants do not challenge the                                         
                examiner’s findings as to its teachings.  As such, we sustain the examiner’s                                             
                findings as to the scope and content of Deaton.                                                                          
                        In addition to the prior art relied upon by the examiner, the appellants admit                                   
                “[m]ethods of designing customer-specific promotion campaign plans are known,”                                           
                and “the typical goal of a promotion campaign plan is to increase the conversion                                         
                rate in a cost-efficient manner.”  (Specification (Background Art), p. 1, lines 37-38                                    
                and page 2, lines 1-2.)  The appellants also recognize that a prior art system, sold                                     
                under the trademark MARKETSWITCH TRUE OPTIMIZATION, uses a                                                               



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