Ex Parte DEATON - Page 24




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                Page 24           


               We turn next to the rejection of independent claim 27.   At            
          the outset, we make referance to our findings, supra, with                  
          respect to Creekmore and Bigari.  Appellants assert (brief, page            
          32 and 33) that Bigari does not teach the last limitation of                
          claim 27 which recites “‘circuitry responsive to the entry of               
          said unique customer identification and said transaction data at            
          said terminal for updating transaction data and a dollar amount             
          of purchases associated with said unique customer identification            
          in said customer database.”  However, appellants provide no                 
          specific arguments to support their position.  We observe that              
          the last limitation of independent claim 27 is met by the                   
          teachings of Creekmore and Bigari because in Creekmore, entry of            
          a current transaction paid for by check, along with the dollar              
          amount of the check, after entering the customer's unique                   
          (checking account) number, reads on updating transaction data               
          (the fact that a check was cashed that day to pay for a                     
          transaction) and a dollar amount of purchases (the dollar amount            
          of the check which is entered into the system).  Accordingly, the           
          rejection of independent claim 27 under 35 U.S.C. § 103(a) is               
          affirmed.  As dependent claims 28 and 29 fall with claim 27, the            
          rejection of claims 28 and 29 under 35 U.S.C. § 103(a) is                   
          affirmed.                                                                   







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