Appeal 2007-1672
Application 09/966,540
7. An electronic transaction device comprising:
a sensor module configured to receive a product identification
for a product through a product tag associated with the product;
a wireless module configured to transmit through a privacy
system, the privacy system comprising a secure mechanism for
correlating an identifier of the electronic transaction device with a
user authorized to use the electronic transaction device; and a
communication module configured to communicate the transaction
device identifier and the product identification through the wireless
module and the privacy system to perform a transaction for the
product without providing an identification of a user of the transaction
device.
A. ISSUE
The issue is whether the Examiner has made out a prima facie case
that claim 7 does not comply with the second paragraph of 35 U.S.C. § 112
for being indefinite.
B. FINDING OF FACTS
The record supports the following findings of fact (FF) by a
preponderance of the evidence.
1. The Examiner explains the basis for the rejection as follows:
“Claim 7 recites, a 'privacy system comprising a secure mechanism'
…” However, claim 7 is dedicated to a transaction device that does
not comprise or contain a ‘privacy system.’”
(Answer 5).
3
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