Ex Parte Filatov - Page 3

                    Appeal 2006-1160                                                                                                    
                    Application 10/155,453                                                                                              
                                    a send reference module for sending the reference signature                                         
                            set to the point of sale system if the signature verification does not                                      
                            verify the signature.                                                                                       

                                                          B. REJECTIONS                                                                 
                            Claims 1-2, 10,17-18, 21-23, and 28-30 stand rejected under 35                                              
                    U.S.C. § 103(a) as obvious over U.S. Patent No. 5,559,895 ("Lee") and U.S.                                          
                    Patent No. 6,149,056 ("Stinson").  Claims 3-9, 11, 13, 14, 16, 24, 27, 31, and                                      
                    33 stand rejected under 35 U.S.C. § 103(a) as obvious over Lee; Stinson;                                            
                    and U.S. Patent No. 6,220,515 ("Bello").  Claims 12, 25, 26, and 32 stand                                           
                    rejected under 35 U.S.C. § 103(a) as obvious over Lee; Stinson; Bello; and                                          
                    U.S. Patent No. 6,290,129 ("Momose").                                                                               

                                                             II. ISSUE                                                                  
                            Rather than reiterate the positions of parties in toto, we focus on the                                     
                    issue therebetween.  The Examiner admits, "Lee does not specifically                                                
                    disclose a send reference module for sending the reference signature set to                                         
                    the point of sale system if the signature verification does not verify the                                          
                    signature."  (Answer 4.)                                                                                            
                            Therefore, the Examiner present[s] Stinson, who specifically                                                
                            discloses that "when the processor 300 is unable to verify the                                              
                            customer's identity, or is unauthorized to cash the customer's                                              
                            check automatically, the process may transmit information                                                   
                            about the customer . . . personnel at the CSC . . . would then                                              
                            attempt to verify the customer's identity and authorize cashing                                             
                            of the customer's check" (Stinson, col[.] 6, lines 19-27).                                                  
                    (Id. 9.)  The Appellant argues that in the latter reference "the information is                                     
                    being transmitted to the centralized service center and not a point of sale                                         
                    system."  (Br. 14.)  Therefore, the issue is whether Stinson would have                                             


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