Ex Parte Stinson et al - Page 7




            Appeal No. 2003-0158                                                                              
            Application No. 09/514,570                                                                        


            “payor identification” is then used to determine whether cash should be dispensed.  In            
            conventional ATM machines, it is the amount of cash in a user’s account, and not the              
            identification of a payor of a deposited check, which determines whether cash will be             
            dispensed to the user.  In this regard, DeBan appears to operate as a conventional                
            ATM, and there is no suggestion within DeBan that cash is dispensed based on the                  
            identification of a payor in a payor database.                                                    
                   We have considered the examiner’s reliance on Barakai and Hoffman, in the                  
            alternative, as a reason to modify DeBan in order to arrive at the claimed subject                
            matter, but we do not find that either of these two references supplies the noted                 
            deficiency of DeBan.  The examiner relies on Barakai’s storage, at RAM 28, local to               
            remote terminal 10, as having a database for validating a card that is inserted into the          
            card reader.  The examiner then explains that Barakai uses two levels of checking the             
            card (see page 9 of the answer) and says that if the card is on the “black list,” further         
            verification would be required.                                                                   
                   Assuming all that the examiner says about the operation of Barakai is true, we             
            still do not understand what would have led an artisan to take the teaching of a local            
            database in Barakai and apply that teaching to DeBan in order to place CPU 26 at the              
            site of DeBan’s ATM.  Therefore, we do not agree with the examiner’s reasoning in                 





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