Ex Parte Templeton et al - Page 8


          Appeal No. 2006-0518                                                        
          Application No. 10/358,615                                                  

               With respect to claim 11, in addition to the motivation                
          argument considered above, appellants argue that the combination            
          fails to teach processing the transaction as an electronic debit            
          when the status is eligible, and otherwise, processing the                  
          transaction as a paper check as claimed [brief, pages 7-8].  The            
          examiner responds that sending the check transaction to a host in           
          Templeton teaches that money is electronically debited throughout           
          the check transaction process [answer, page 27].  Appellants                
          respond that Templeton does not discuss the specific approach to            
          determining eligibility status and processing the transaction               
          [reply brief, page 2].                                                      
               We will not sustain the examiner’s rejection of claim 11.              
          Although Templeton teaches a scoring algorithm to determine                 
          whether a check should be accepted or not, the examiner has not             
          addressed the eligibility rules of claim 11 which relate to                 
          whether the check is treated as a debit card or as a paper check.           
          We have found nothing in Templeton or Funk, and the examiner has            
          not pointed to anything in these references, which relates to the           
          claimed feature of determining eligibility rules for processing a           
          check as a debit transaction or as a paper check based on these             
          eligibility rules.                                                          
               With respect to claim 21, in addition to the motivation                
          argument considered above, appellants argue that the combination            
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