Ex Parte 6697787 et al - Page 3



                 Appeal 2007-0518                                                                                        
                 Application 90/006,969                                                                                  
                 information to the electronic intermediary so that the electronic intermediary                          
                 may electronically contact and collect from tax data providers the tax                                  
                 payer’s tax data (Specification col. 5:50-65).                                                          
                        The electronic intermediary electronically processes the collected tax                           
                 data to determine the tax payer’s tax liability.  The electronic intermediary                           
                 prepares a tax return using the processed data.                                                         
                                       Procedural Posture and related Proceedings                                        
                        On 24 February 2004, patentee (hereafter “Simplification”), the real                             
                 party in interest of U.S. patent 6,697,787 (‘787) filed a patent infringement                           
                 action against Block Financial Corporation (“Block”) in the United States                               
                 District Court for the District of Delaware based on U.S. patent 6,697,787                              
                 (‘787).  On 15 March 2004, Block requested reexamination of ‘787.                                       
                 Reexamination was granted on 3 June 2004.  The civil case was stayed                                    
                 pending the reexamination.  Simplification appealed under 35 U.S.C. §§ 134                              
                 and 306 from a final rejection of claims 1-18 and 31-40.  The appeal is the                             
                 subject of this decision.                                                                               
                        On 8 April 2003, Simplification filed a patent infringement action                               
                 against Block in the United States District Court for the District of Delaware                          
                 based on U.S. Patent 6,202,052 (‘052), which is the parent of the involved                              
                 reexamination application.  On 11 July 2003, Block requested reexamination                              
                 of the ‘052 patent, which reexamination was granted on 2 October 2003.                                  
                 The civil action was stayed pending the reexamination.  Simplification                                  
                 appealed from a final rejection in that case, which is also before us and is                            
                 decided in a separate, concurrently mailed paper.                                                       
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