Appeal 2007-2169
Application 10/068,369
Specification as it would be interpreted by one of ordinary skill is that it
refers to a device or devices used for computing and located at the point of
sale for storing loyalty rules and user data and for processing the user data in
accordance with the loyalty rules. FF 2. Kawan discloses such a device.
The Kawan smart card is a device used for computing and thus falls
within the scope of the term “computer” as used in the claim. FF 3. Further,
the smart card is designed to be inserted in a point-of-sale terminal. Since
the smart card is thus located at the point of sale, it can be characterized as a
“front-end computer.” Kawan’s smart card/terminal thus meets the limitation
for “a point of sale terminal including a front-end computer” in the claimed
system. Finally, Kawan’s smart card includes capabilities to store user data
and store and run a loyalty program application that calculates loyalty points
(presumably in accordance with certain rules) corresponding to a user’s data
(i.e., a user’s transaction information). FF 3.
Given that we find that Kawan shows a front-end computer to the
extent claimed, the question now is whether there is an indication or
suggestion to store customer loyalty information in Kawan’s front-end
computer. In that regard, Appellants argue that “[t]he Kawan reference
clearly does not teach including a front-end computer device in a point-of-
sale terminal to provide point-of sale customer loyalty program processing
capability. Numerous references in the Kawan specification make it clear
the loyalty program application is resident only on the smart card, not on a
front end computer integrated into a point of sale terminal.” Br. 7 (emphasis
added). Appellants concede that Kawan discloses a loyalty program
application (see also FF 3) but argue that the loyalty program application
resides on the smart card rather than the front-end computer. However, given
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