Ex Parte Cosentino - Page 7




           Appeal No. 2006-1090                                                                             
           Application No. 09/848,005                                                                       

           generating a display listing available transports based upon messages which have been            
           generated by transports, means for enabling an operator to select from the listing of            
           available transports a desired transport with which to request a communication session,          
           and means for wirelessly transmitting a selection message which is indicative of the             
           transport which has been selected by the operator and with which the operator desires to         
           request a communication session.                                                                 
                  The examiner does not address the above-noted requirements in the statement of            
           the rejection against claim 28.  (Answer at 4.)  The rejection seems to presuppose some          
           suggestion for networking a plurality of financial document processing transports.               
           According to the examiner, “[s]ince the whole of the system was controlled via a LAN,            
           selection among such machines was possible via addressing using LAN protocols that               
           included availability and thus selection.”  (Answer at 7.)                                       
                  The only disclosure we find in the record of networking multiple financial                
           document processing transports is in the instant specification (e.g., spec. at 6; Fig. 3).  In   
           any event, the rejection does not identify any such disclosure or suggestion in the              
           applied references.  Even assuming such a prior art teaching exists, the rejection fails to      
           show why at least the above-noted requirements of claim 28 would necessarily follow or           
           at least have been suggested, should a plurality of financial processing transports be           
           networked.  We thus are in ultimate agreement with appellant that the rejection fails to         
           show anticipation or obviousness of the subject matter of claim 28.  We do not sustain           


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