Ex Parte 6697787 et al - Page 11



                 Appeal 2007-0518                                                                                        
                 Application 90/006,969                                                                                  
                                Hopefully, before tax time rolls around you will have been                               
                        practicing with report templates all year.  This is the most difficult                           
                        part of using these programs, especially with MacMoney, because                                  
                        there are so many variables to deal with.  You must make a year end                              
                        report that will correctly summarize the tax data from your files.  If                           
                        you have been using the suggested tax accounts from the program,                                 
                        this shouldn’t be too hard (Beamer ¶¶ 36 and 37).                                                
                        24.  Simplification argued that Beamer fails to describe that the tax                            
                 data provider, e.g., the bank, provides tax data as follows:                                            
                                Contrary to the assertion in the Final Office Action, the bank                           
                        record and the salary deposit indicated by Beamer are not “tax data.”                            
                        Beamer teaches that the bank record indicates the salary of the                                  
                        taxpayer.  Beamer, ¶ 3.  This salary entry in the bank record is the net                         
                        pay of the taxpayer.  One of ordinary skill in the art of taxes would                            
                        know that this salary entry, by itself, neither includes nor suggests                            
                        the taxpayer’s gross income, the tax withholdings taken from the                                 
                        taxpayer’s gross income by the taxpayer’s employer, and other                                    
                        deductions, such as, for example, retirement deductions, transportation                          
                        deductions, and parking deductions, all of which are used to determine                           
                        the taxpayer’s taxable income.  Further, one of ordinary skill in the art                        
                        of taxes would know that, given that the employer withheld money                                 
                        from the taxpayer’s income, the tax return including only the salary                             
                        deposit indicated in the bank record of Beamer would be incorrect                                
                        because that tax return would not include the taxpayer’s taxable                                 
                        income.  Only through manual input, then, could the taxpayer’s                                   
                        taxable income be obtained. Hence, the downloaded bank record                                    
                        disclosed in Beamer, which indicates the salary deposit of the                                   
                        taxpayer, is not “tax data” because, by itself, the salary entry in the                          
                        bank record cannot be used to prepare the tax return of the taxpayer.                            
                        (Br. 34) (emphasis by Simplification).                                                           



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