Appeal No. 2006-1817 Page 9
Application No. 09/851,514
Indus., Inc., 807 F.2d 955, 962, 1 USPQ2d 1196, 1201 (Fed. Cir. 1986). In
determining this skill level, the court may consider various factors including “type
of problems encountered in the art; prior art solutions to those problems; rapidity
with which innovations are made; sophistication of the technology; and
educational level of active workers in the field.” Id., cited in In re GPAC, 57 F.3d
1573, 1579, 35 USPQ2d 1116, 1121 (Fed. Cir. 1995). In a given case, every factor
may not be present, and one or more factors may predominate. Id. at 962-63, 1
USPQ2d at 1201.
We find, based on our examination of the prior art and the state of the art in
computer-implemented marketing campaign planning, that the marketing
campaign-planning art is a mature field. The art evidences a common usage in the
field of many sophisticated campaign-planning techniques based on detailed and
complex analyses of consumer behavior. It is also clear from an examination of
the prior art that those of ordinary skill in the marketing campaign-planning art
have been using computers to implement mathematical analysis methods, such as
regression analysis, to define and optimize marketing campaigns. (See e.g.,
Gerace, col. 13, lines 29-32.) It is also clear from an examination of the prior art
that those of ordinary skill in the art have been taking into account budget
constraints and business objectives when defining campaign plans. (See e.g.,
Deaton, col. 73, lines 40-47 and col. 74, line 65-col. 75, line 8.)
III. Motivation-Teaching-Suggestion to Combine
In addition to our review of the Graham factors, we also considered the
requirement of a showing of a “teaching, suggestion, or motivation” to modify or
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