Ex Parte SAVAGE et al - Page 9




             Appeal No. 2004-0094                                                                                   
             Application No. 09/181,658                                                                             


             known.  Further, the examiner has not shown, nor do we find, that appellants’                          
             admission provides any suggestion to modify Saville’s system, where a several                          
             business units can combine their bills for a single customer to one bill, to include                   
             acquiring ownership of the receivables represented by the service provider.                            
             Accordingly, we will not sustain the rejection of claims 1, 4, 9 through 16, 35, 38 through            
             41 and 50 through 57.                                                                                  
                    We next consider the rejection of claims 5, 6, 17, 18, 23 through 31, 36, 37, 41                
             through 49 stand rejected under 35 U.S.C. § 103 as being obvious over Saville in view                  
             of Official Notice and Smorodinsky.  Claims 5, 6, 17, 18, 23 through 31, 36, 37, 41                    
             through 49 all ultimately depend upon independent claim 1 and accordingly contain the                  
             same limitations of claim 1.  As discussed supra the combination of Saville and the                    
             officially noticed facts do not teach all of the limitations of claim 1.  The examiner has             
             not asserted, nor do we find that Smorodinsky teach or suggest a system where                          
             ownership of the account receivables is acquired from the billers upon receipt of the                  
             billers.  Accordingly, we will not sustain the rejection of claims 5, 6, 17, 18, 23 through            
             31, 36, 37, 41 through 49.                                                                             








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