Ex Parte Santos et al - Page 18



                Appeal No. 2006-1817                                                                 Page 18                          
                Application No. 09/851,514                                                                                               

                Specifically, in the discussion of the use of regression analysis to refine the weight                                   
                assigned to various criteria used in the ad campaign, Gerace discloses using “null                                       
                and alternative hypothesis testing to determine the significance … of criteria and                                       
                variables.”  (Gerace, col. 15, lines 30-33.)  We find this to mean that Gerace uses a                                    
                null hypothesis (i.e., giving no weight to a particular criteria) to see if it affects the                               
                overall score of the campaign.  As such, the null hypothesis data are indicative of                                      
                the probability of achieving the business objective (e.g., a certain number of hits or                                   
                click throughs) by a customer segment while taking a particular criterion out of the                                     
                analysis.                                                                                                                
                        As such, we hold that a person of ordinary skill in the art at the time of the                                   
                invention, possessed with the understandings and knowledge reflected in the prior                                        
                art, and motivated by the general problem facing the inventor, would have been led                                       
                to apply the teachings of Harhen and Deaton to the system and method of Gerace                                           
                to make the combination recited in claim 9.                                                                              
                VII. Dependent Claim 16                                                                                                  
                        With respect to dependent claim 16, the examiner determined that “Harhen                                         
                discloses recognizing inconsistencies, balancing business goals and objectives, and                                      
                utilizing hierarchies concerning business goals and objectives.”  (Examiner’s                                            
                Answer, p. 29.)  As such, the examiner rejected this dependent claim as obvious                                          
                over Gerace in view of Harhen in view of Deaton.                                                                         










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