Appeal 2007-0025 Page 27
Application 09/792,151
survey; and
carrying out the settlement of the account.
A. Issue
The issue is whether Appellants have shown error in the rejection of claim 6
on the ground that Dedrick, Angles, Freeman and Gerace do not to disclose all the
claimed limitations.
B. Findings of Fact
We incorporate herein the facts set forth in the Finding of Facts section for
the rejection of claims 2, 7-9, 15, and 16 above and add the following facts, all of
which the record supports by a preponderance of the evidence.
1 The Examiner found that “Dedrick and Angles and Freeman disclose a
method of evaluating the effectiveness of advertising according to Claim 5.
Dedrick further discloses sales (col 1, lines 28-42; col 1, lines 53-59) the user
making purchases (col 10, lines 1-5) and tracking all user activity (col 17, lines 15-
30), and tracking advertising activity (col 9, lines 27-47) and that there are variable
advertisement rates (col 14, lines 7-25)” (Answer 12).
2. The Examiner found that “Dedrick does not explicitly disclose that
advertisement rates vary according to advertisement success” (Answer 12).
3. In that regard, the Examiner relies on Angles to show as known “ varying
rates for advertisements according to advertisement success (col 20, lines 30-34),
settling accounts according the success of advertisements intended to incite
purchase (col 20, lines 17-37; col 20, lines 55-64), and that the advertisements are
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