Ex Parte KAWAN - Page 7




            Appeal No. 2004-0013                                                                       
            Application No. 09/234,889                                             Page 7              


            terminal means (page 4).  From this disclosure of Willmore, we                             
            find that the transaction log will include a purchase log.  In                             
            addition, we find that although Willmore discloses that a smart                            
            card may be used instead of a magnetic card (pages 2, 5, and 8)                            
            we find that Willmore refers to the smart card as a card having                            
            data which can be written or read (page 8).  From this disclosure                          
            of Willmore, we find that  although Willmore discloses a smart                             
            card, that the smart card is used as a magnetic card would be                              
            used, and that Willmore does not make use of the capabilities of                           
            the smart card.  In addition, we find that Willmore is silent as                           
            to how the purchase history is recorded, and does not disclose                             
            that the transactions are recorded in ascending numerical order.                           
                  We further find that in Willmore, the loyalty program                                
            information is stored on the magnetic card or token (pages 2 and                           
            4).  From this disclosure, we find that loyalty program                                    
            information is stored on the magnetic card, and that the loyalty                           
            program information is stored in a register.  However, Willmore                            
            does not disclose that the loyalty program application itself is                           
            stored on the smart card.  In addition, although Willmore                                  
            discloses the use of the loyalty program for the products of                               
            different manufacturers, Willmore only discloses use of the                                
            loyalty program with a single merchant, and therefore does not                             







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