Ex Parte Bates et al - Page 3


              Appeal 2007-1775                                                                     
              Application 09/749,106                                                               

                                a programming provider system connected to the signal              
                          processing units and configured to:                                      
                                transmit fee-based programming events to the signal                
                          processing units; and                                                    
                                determine prices of programming event purchased by the             
                          plurality of subscribers, wherein a price for each programming           
                          event is determined according to a number of purchase orders             
                          for the same programming event received from subscribers                 
                          belonging to a same subscriber group, wherein the price                  
                          decreases in proportion to increasing orders from different              
                          subscribers belonging to the same subscriber group, wherein              
                          each subscriber belonging to the subscriber group maintains an           
                          independent account with the programming provider whereby                
                          the subscriber pays the programming provider in order to                 
                          receive paid for programming, and wherein each subscriber                
                          may elect to purchase or not purchase each programming event.            

                                        THE REFERENCES                                             
              Pallakoff    US 6,269,343 B1  July 31, 2001                                          
              Bonomi    US 6,769,127 B1  July 27, 2004                                             

                                        THE REJECTIONS                                             
                    Claims 1-4 and 6-31 stand rejected under 35 U.S.C. § 103(a) as being           
              unpatentable over the teachings of Bonomi in view of Pallakoff.                      
                    Rather than repeat the arguments of Appellants or the Examiner, we             
              make reference to the Briefs and the Answer for the respective details               
              thereof.                                                                             




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