Ex Parte SULLIVAN et al - Page 3



             Appeal 2006-3387                                                                                    
             Application 09/385,489                                                                              
                   payment value the manufacturer will owe the retailer for conducting                           
                   the trade promotion;                                                                          
                          before the start of the trade promotion by the retailer, storing                       
                   the captured terms of the trade promotion in an independent system                            
                   operator database;                                                                            
                          after the start of the trade promotion by the retailer, collecting                     
                   from the retailer product POS data from at least one in-store POS                             
                   system of the retailer;                                                                       
                          filtering the product POS data using the promoted product                              
                   identification stored in the independent system operator database to                          
                   obtain promoted product POS data;                                                             
                          processing the promoted product POS data in accordance with                            
                   at least one of the stored (a) predetermined payment value the                                
                   manufacturer will owe the retailer for each promoted product sold by                          
                   the retailer during the trade promotion, and the stored (b)                                   
                   predetermined payment value the manufacturer will owe the retailer                            
                   for conducting the trade promotion in the independent system operator                         
                   database to determine an amount of money the manufacturer owes to                             
                   the retailer for the trade promotion; and                                                     
                          facilitating the manufacturer's payment of the amount of money                         
                   owed to the retailer for the trade promotion.                                                 




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