Ex Parte KATZ - Page 7



          Appeal No. 2005-0007                                                        
          Application 09/364,675                                                      

          ticket (Figure 2) is a card.  On the other hand, we agree with              
          the examiner that the lottery card is incapable of performing the           
          card functions set forth in claims 32 through 39.  For example,             
          nothing in the disclosed invention indicates that a “parameter”             
          is needed from the card before the system can determine whether             
          the card holder is “in good standing.”  According to the                    
          disclosed invention, the determination of being “in good                    
          standing” is determined before any information is taken from the            
          lottery card.  With respect to the “available account” status               
          associated with the card set forth in claims 32 through 38, we              
          find that appellant’s disclosure is completely silent as to such            
          an account associated with the lottery card.  Accordingly, the              
          lack of written description rejection of claims 32 through 39 is            
          sustained.                                                                  
                                      DECISION                                        
               The decision of the examiner rejecting claims 24 through 39            
          under the first paragraph of 35 U.S.C. § 112 is affirmed.                   






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