Ex Parte Kane - Page 9



            Appeal 2006-3331                                                                               
            Application 10/829,797                                                                         
                 22. The account holder also uses the voice-response unit to send an                       
                       authorization identifier to the bank device to verify that the account              
                       holder is authorized to reserve a check (Tedesco, col. 6, ll. 40-42).               
                 23. The bank device determines whether the authorization identifier                       
                       corresponds to at least one predetermined authorization identifier of the           
                       financial account, such as may be stored in the account database                    
                       (Tedesco, col. 6, ll. 44-47).                                                       
                 24. As such, Tedesco clearly teaches transmitting check information (check                
                       data including an account identifier) and access information                        
                       (authorization identifier) to a system for verification.                            

                                         PRINCIPLES OF LAW                                                 
                  “Section 103 forbids issuance of a patent when ‘the differences between the              
            subject matter sought to be patented and the prior art are such that the subject               
            matter as a whole would have been obvious at the time the invention was made to a              
            person having ordinary skill in the art to which said subject matter pertains.’”  KSR          
            Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1734, 82 USPQ2d 1385, 1391 (2007).                 
            The question of obviousness is resolved on the basis of underlying factual                     
            determinations including (1) the scope and content of the prior art, (2) any                   
            differences between the claimed subject matter and the prior art, (3) the level of             
            skill in the art, and (4) where in evidence, so-called secondary considerations.               
            Graham v. John Deere Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).  See                    
            also KSR, 127 S.Ct. at 1734, 82 USPQ2d at 1391 (“While the sequence of these                   

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