Ex Parte SULLIVAN et al - Page 9



             Appeal 2006-3387                                                                                    
             Application 09/385,489                                                                              
             activities and help manufacturers and retailers make marketing promotion                            
             decisions for consumer products.                                                                    
                   Dom Del Prete, “Advances in scanner research yield better data quicker,”                      
             Marketing News, January 7, 1991, p. 54 (Appendix B) describes prior art systems                     
             that use POS transaction data to determine quickly whether a promotion is working                   
             or a particular product is selling poorly.                                                          
                   Michael Garry, “How’s your scan data?” Progressive Grocer, October 1992,                      
             Vol. 71, Issue 10, p. 83 (Appendix C) describes prior art systems that use POS                      
             transaction data to plan new promotions by looking back at POS transaction data                     
             collected during old promotions.                                                                    
                   Julie Liesse, “Pay for performance picking up speed,” Advertising Age,                        
             August 9, 1993, Vol. 64, Issue 33, p. 19 (Appendix D) describes prior art systems                   
             that use POS transaction data to award retailers trade promotion dollars after                      
             consumers buy the product.                                                                          
                   Betsy Spethmann, “More Move To Scan Based Pay,” Brandweek, May 16,                            
             1994, Vol. 35, Issue 20, p. 4 (Appendix E) describes prior art systems that use POS                 
             transaction data to tabulate salespeople’s bonuses.                                                 
                   Michael Garry, “Computing promotions,” Progressive Grocer, July, 1995,                        
             Vol. 74, Issue 7, p. 95 (Appendix F) describes prior art systems that use POS                       
             transaction data to merge the POS transaction data with store-specific promotional                  
             data to evaluate the effects of displays, ads and temporary price reductions and to                 
             plan for future promotions.                                                                         



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