Appeal No. 2006-1910
Application No. 09/910,654
coupon and the storing of agent coupon data. Specifically,
appellant argues that ARC only discloses that the image of the
agent coupon is stored, and not that the agent coupon data should
be optically stored.
2) An image is not data and data is not an image, as the
words are commonly used.
3) The finding of obviousness based on facsimile
transmission is erroneous because facsimile transmission involves
transmission of an image rather than data.
4) The finding of obviousness based on multimedia network
transmissions is erroneous because the prior art would still not
teach the step of generating the agent coupon data as claimed.
5) IAH completely prohibits the storage of data so that
the portion of IAH cited by the examiner should be interpreted to
mean that the copying of an image of the coupon to an electronic
storage device is prohibited.
6) The examiner has failed to establish a prima facie
case of obviousness.
7) ARC teaches away from the claimed invention because
ARC wanted the image of the agent coupon to be stored and does
not want the agent coupon data to be stored.
The examiner responds that appellant’s arguments in the
brief were already considered by the Board in the previous
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