Ex Parte Templeton et al - Page 12


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

               We do not sustain the examiner’s rejection of claim 19.                
          Although the examiner is correct that the combination of                    
          Templeton and Funk would allow the processor to utilize both the            
          MICR device and the imaging device to determine the content of              
          the check character string, there is no teaching within Templeton           
          and Funk to actually use the imaging device for such purpose.               
          The only device for actually determining the claimed character              
          string is the MICR device taught by Templeton.  The fact that the           
          Templeton device could be modified to carry out the claimed                 
          invention does not support a finding of obviousness without a               
          suggestion to actually make that modification.                              
               In summary, we have sustained the examiner’s rejections of             
          the claims with respect to claims 1-10, 13-18, 20 and 23, but we            
          have not sustained the examiner’s rejections of the claims with             
          respect to claims 11, 19, 21 and 22.  Therefore, the decision of            
          the examiner rejecting claims 1-11 and 13-23 is affirmed-in-part.           









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