Ex Parte Yanase et al - Page 18



            Appeal 2007-0025                                                     Page 18                     
            Application 09/792,151                                                                           

            requires settling the consumer’s account at the time the transaction is made.                    
                   All the arguments having been addressed and found unpersuasive as to error                
            in the rejection, we affirm.                                                                     

                   E. Conclusion of Law                                                                      
                   On the record before us, Appellants have failed to show that the Examiner                 
            erred in rejecting claims 2, 7-9, 15, and 16 over the prior art.                                 

                   Claims 5 and 13                                                                           
                   Because Appellants argue claim 5 and 13 as a group, pursuant to the rules,                
            the Board selects representative claim 5 to decide the appeal with respect to this               
            rejection, and claim 13 will stand or fall with claim 5.  37 C.F.R. § 41.37(c)(1)(vii)           
            (2006). It reads as follows:                                                                     
                   5. A method of evaluating the effectiveness of advertising in a system for                
                   providing advertising via a broadcast server and a terminal device connected              
                   to the broadcast server, the method comprising:                                           
                         broadcasting via said broadcast server advertising information that                 
                   includes information about at least one of a time, a place, and preferences               
                   along with program information;                                                           
                         filtering advertising broadcast by the broadcaster server according to              
                   conditions that include information about at least one of said time, place, and           
                   preference, and presenting via the terminal device only suitable advertising              
                   for a consumer;                                                                           
                         storing on an external recording medium in said terminal device said                
                   advertising information for advertising that is viewed on the terminal device;            
                   and                                                                                       
                         settling, based on the stored advertising information, a consumer                   
                   account for a transaction involving a product or service associated with the              
                   advertising viewed, performed by the consumer bringing said external                      




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