Ex parte SCHWARTZ et al. - Page 3




              Appeal No. 1998-0646                                                                                      
              Application No. 08/485,269                                                                                



              Wright et al. (Wright)                    4,900,904                   Feb. 13, 1990                       
              Hikita et al. (Hikita)                    4,901,237                   Feb. 13, 1990                       
                     Claims 201-212 stand rejected under 35 U.S.C. § 103 as being unpatentable over                     
              Wright in view of Hikita.                                                                                 
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and the                  
              appellants regarding the above-noted rejection, we make reference to the examiner's                       
              answer (Paper No. 11, mailed Dec. 18, 1997) for the examiner's reasoning in support of                    
              the rejections, and to the appellants’ brief (Paper No. 10, filed Dec. 1, 1997) for the                   
              appellants’ arguments thereagainst.                                                                       
                                                       OPINION                                                          

                     In reaching our decision in this appeal, we have given careful consideration to the                
              appellants’ specification and claims, to the applied prior art references, and to the                     
              respective positions articulated by the appellants and the examiner.  As a consequence of                 
              our review, we make the determinations which follow.                                                      
                     Appellants’ basic argument throughout the brief is that Hikita does not teach storing              
                                                          1                                                             
              the “means for periodically communicating  with a remote computer to transmit                             
              said data relating to transaction records from said memory to said remote computer,                       



                     We have reviewed the specification and find no express recitation that the communication is1                                                                                                 
              periodic, but the examiner has not raised the issue so we make no further comment.                        
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