Appeal No. 2004-0786
Application No. 08/935,116 Page 26
patenting over claim 23 of U.S. Patent No. 5,305,196. The
examiner's position (answer, page 7) is that "it would be [sic]
obvious to add a terminal for a [sic] check transaction
processing, database building and marketing method and system
utilizing automatic check reading."
Appellants' position (brief, pages 37 and 38) is that the
system defined by claim 23 does not include “means or a terminal
for entering customer transaction data at the point-of-sale in
the retail establishment; it does not have (1) a processor and a
memory responsive to the apparatus for entering unique
identification codes or (2) the terminal for entering customer
transaction data for creating a database of a plurality of the
retail establishment’s customers’ transaction data from prior
shopping visits; nor does it have circuitry responsive to said
processor, memory, and database for generating a customer
information response signal at the point-of-sale during said
individual customer’s transaction in said retail establishment
upon detection of a unique identification code of said individual
customer, said signal being related to said individual customer’s
transaction data in shopping visits prior to the current shopping
visit.” It is argued (brief, page 39) that the burden is on the
examiner to show that the subject matter of the claims would have
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