Ex Parte 6202052 et al - Page 24



                Appeal 2007-0712                                                                              
                Application 90/006,713                                                                        
                discussed.  The Examiner has also failed to demonstrate that the data                         
                collected from the bank must necessarily or inherently be tax data as argued                  
                (FF 24).                                                                                      
                      Beamer focuses on tax preparation.  However, Beamer also focuses in                     
                detail on home accounting software too.  There is approximately a full page                   
                of the three page article describing the general advantages of using a home                   
                accounting software program.  Within that description is the above                            
                paragraph that discusses the link between Moneyline and a home accounting                     
                software program.  The downloaded bank information is to the home                             
                accounting or personal financial software, not directly to the MacInTax or                    
                tax software.  As described in Beamer, home accounting software such as                       
                the Dollars & Sense software tracks data that is otherwise not relevant to a                  
                tax payer’s tax liability.  For example, direct deposit data, e.g., the amount of             
                money that is deposited from an employer into an employee’s bank account                      
                may be useful in the context of home accounting software, for the purpose of                  
                budgeting and paying one’s bills, but is not the type of data that a tax payer                
                uses to determine tax liability as already discussed. The home accounting                     
                software of Beamer tracks data that would appear to have nothing to do with                   
                a tax payer’s tax liability.  For example, Beamer describes manipulating the                  
                home accounting software files in preparation for determining tax liability.                  
                Beamer states that “[a]t tax time it is necessary to review all transactions one              
                by one, making sure that each is in the correct category and correctly marked                 
                as taxable or nontaxable” (FF 22).  That statement supports the notion that                   
                data collected through the home accounting software such as Dollars &                         
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