Ex Parte SULLIVAN et al - Page 7



             Appeal 2006-3387                                                                                    
             Application 09/385,489                                                                              
                   Jones teaches that the reports provided are sent to the manufacturer to                       
             support the settlement process (Board Decision 14).                                                 
                   Jones does not teach, however, that the independent system operator                           
             performs this settlement (Board Decision 14-15).                                                    
                   Jones discloses that the retailer must summarize the necessary information                    
             on the promotional support activities, including the report from the electronic audit               
             system, and the retailer then invoices the manufacturer, and deducts the price                      
             discount from checks paid by the retailer to the manufacturer (Jones, col. 12, ll. 25-              
             29).                                                                                                
                   Jones’s electronic audit system provides an independent audit of the                          
             incremental sales volume increase during a trade promotion.                                         
                   Schultz discloses a system in which a central management firm 3 stores                        
             records of the purchase reward offers 2 defined by a manufacturer 1 (Schultz, col.                  
             6, ll. 13-16).                                                                                      
                   Schultz discloses that the central management firm 3 collects data on a                       
             customer’s purchases at a retail store 20 (Schultz, col. 7, ll. 20-47).                             
                   Schultz discloses that the central management firm 3 processes the purchase                   
             records 30 for a consumer 19 and sends a reward certificate 18 to the consumer 19                   
             when the consumer 19 earns a reward (e.g., by purchasing a required number of                       
             reward products) (Schultz, col. 7, ll. 60-64 and col. 8, ll. 64-65).                                
                   The reward certificate 18 can be a negotiable check or a voucher to be                        
             redeemed at a participating retail store 20 for cash or credit toward product                       
             purchases (Schultz, col. 8, ll. 65-68).                                                             

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