Ex Parte Stoutenburg et al - Page 4




               Appeal No. 2006-0395                                                                                              
               Application No. 10/116,735                                                                                        


                      Similarly, argue appellants, independent claim 16 also recites reconfiguring a                             
               POS device to enable access to a transaction system.                                                              
                      With regard to independent claim 21, appellants argue that Moderi does not                                 
               disclose the claimed limitations of a plurality of reconfigurable POS devices                                     
               communicatively coupled to a communication network where each POS device includes                                 
               a memory which comprises instructions to request access to each of a plurality of                                 
               transaction systems and to receive additional instructions to enable the POS device to                            
               use one of the transaction systems.                                                                               
                      In response, the examiner asserts that reconfiguring takes place in Moderi when                            
               the keys are reprogrammed in order to actually process a transaction, enabling access                             
               to the transaction system.  It is the examiner’s view that since claim 1 does not                                 
               specifically disclose what constitutes “enabling access to the transaction system,” the                           
               examiner interprets that the reconfiguring of keys is, in fact, enabling access to the                            
               transaction system.  The examiner then states that                                                                
                      Moderi does indeed disclose that the loading of software and hence the                                     
                      reconfiguration of the point of sale device facilitate access to the                                       
                      transaction system when it is taught that the instructions are loaded into                                 
                      the system to program the touch keys of the register, in order for the                                     
                      transactions to be able to take place. In addition, Moderi teaches that the                                
                      method for networking a microcomputer to a physically separated shared                                     
                      memory device to enable the microcomputer to operate as a POS register                                     
                      and to ensure the integrity of sales data generated by the microcomputer                                   
                      is disclosed, which also shows that the receiving and loading of the                                       
                      instructions that are executable by the POS is for facilitating access to the                              
                      transaction system (answer-page 8).                                                                        

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