Ex Parte SULLIVAN et al - Page 6



             Appeal 2006-3387                                                                                    
             Application 09/385,489                                                                              
             process (Jones, col. 12, ll. 14-20 and Board Decision in related Appeal No. 2004-                   
             0199 (May 19, 2004) (“Board Decision”) at 11).                                                      
                   Jones does teach capturing and storing terms of the trade promotion in an                     
             electronic database of the independent system, where the terms of the trade                         
             promotion include information of sales volume (Board Decision 11-12).                               
                   Jones teaches that the electronic database of the stored terms of the trade                   
             promotion are retained in a history file for a predetermined period, perhaps 52                     
             weeks (Jones, col. 12, ll. 14-16 and Board Decision 12).                                            
                   Jones further teaches that predetermined and customized reports of the file                   
             are sent to both the retailer and the manufacturer (Jones, col. 12, ll. 20-25 and                   
             Board Decision 12).                                                                                 
                   By retaining the files for 52 weeks and providing reports of the files, Jones                 
             teaches a method of enabling the retailer and manufacturer to access the electronic                 
             database file to determine the stored terms of the trade promotions (Board Decision                 
             12).                                                                                                
                   Jones does not teach capturing the terms of the trade promotion including                     
             link codes for associate discounts if any of the trade promotions are electronically                
             discount trade promotions (Board Decision 13).                                                      
                   Jones does not teach that the independent system operator determines the                      
             amount of money the manufacturer owes to the retailer for the trade promotion and                   
             facilitates the manufacturer’s payment and the amount of money owed (Board                          
             Decision 14).                                                                                       



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