Appeal 2006-3387
Application 09/385,489
STATEMENT OF THE CASE
Thomas J. Sullivan et al. (“Appellants”) seek our review under 35 U.S.C.
§ 134 of the Examiner’s final rejection of claims 1-32, 37-83, and 88-94, all of the
pending claims. We have jurisdiction under 35 U.S.C. § 6(b).
SUMMARY OF DECISION
We AFFIRM-IN-PART.
THE INVENTION
Appellants’ claimed invention relates to a system and method that captures,
records, tracks, reports, monitors, verifies, and settles product promotions for
retailers and manufacturers. Claim 1, reproduced below, is representative of the
subject matter on appeal.
1. A method for an independent system operator to
administer a trade promotion for a product involving a manufacturer
and a retailer having at least one store with an in-store POS system,
said method comprising the steps of the independent system operator:
before a start of the trade promotion by the retailer, capturing
terms of the trade promotion at least including promoted product
identification and at least one of (a) a predetermined payment value
the manufacturer will owe the retailer for each promoted product sold
by the retailer during the trade promotion, and (b) a predetermined
2
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