Ex Parte Haff et al - Page 13



            Appeal 2007-1554                                                                                  
            Application 10/844,387                                                                            
                  Moreover, in Robinson, the merchant may not have direct control over the                   
            transaction.  Robinson discloses that the merchant computer 98 responsible for                    
            generating the digital receipt, “may in fact be operated not directly by the merchant             
            but rather by an electronic transaction service provider in close cooperation with                
            and under the authority of the merchant” (Robinson, col. 7, ll. 39-42).  This is an               
            indication, if not a suggestion, that the merchant in Robinson may delegate to a                  
            third party the day to day operations of the transaction process.                                 
                   Further, we find that at the time of the invention, independent web payment                
            options existed for e-commerce transactions provided by, e.g., “credit card                       
            accounts, debit card accounts, a PayPal account, or another method of transferring                
            funds electronically” (Specification 3:18-20).                                                    
                   From Ginter, a person with ordinary skill in the art knows the scope and                   
            content of the prior art to include a third party agent or go-between 4700 which                  
            collects data from a transaction as it is inputted.                                               
                   The processes of digitally signing, encrypting, and forming a digital receipt              
            were known at the time of the invention as described by Robinson as well as                       
            independent web based payment processes such as PayPal (Specification 3:18-20) .                  
                   “[P]roof of what was old and in general use at the time of the alleged                     
            invention…may be admitted to show what was then old, or to distinguish what is                    
            new…” Dunbar, 94 U.S. at 199.                                                                     
                   Thus, a person with ordinary skill in the art person would have known to                   
            modify Robinson to include an independent go-between as taught by Ginter to                       

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