Ex Parte KAWAN - Page 10




            Appeal No. 2004-0013                                                                       
            Application No. 09/234,889                                            Page 10              


            ascending numerical order, to ensure that a user was only awarded                          
            loyalty points one time for a transaction.                                                 
                  Turning to the dictionary definition of a smart card,                                
            provided by the Microsoft Dictionary, we find that the dictionary                          
            definition is cumulative of the teachings of Deo, and consider                             
            the dictionary definition to be surplusage.  From our review of                            
            the entire record, we find that the teachings of the prior art                             
            are combinable, as advanced by the examiner.  However, for the                             
            reasons which follow, we find that the combined teachings of the                           
            prior art are insufficient to meet the limitations of claim 1.                             
            Claim 1 additionally requires that the stored program information                          
            is compared with the stored transaction information at a stand-                            
            alone terminal, identifying transaction information stored at the                          
            stand alone terminal when the transaction number is numerically                            
            greater that the transaction number of a stored transaction, and                           
            adding the identified transaction to the stored loyalty program                            
            information at the stand alone terminal.  The examiner's position                          
            (answer, page 5) is that the purchase transaction can be stored                            
            on the stand-alone terminal.  From our review of Willmore, we                              
            find that although Willmore discloses the use of a stand-alone                             
            terminal 14a, Willmore discloses that the stand-alone terminal is                          
            provided for use by the user, for example when first entering the                          







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