Ex Parte Lefkowith - Page 4



            Appeal 2007-2312                                                                                
            Application 09/681,815                                                                          
            Appellant argues that the prior art fails to teach a customer identification badge              
            that expires after a predetermined time interval if the customer does not verify that           
            he or she continues to possess the automobile (Rvsd Arg,,  2), and that Kanter and              
            DeWolf each fail to teach, disclose, or suggest updating the customer identification            
            badge to reflect that the customer continues to possess the automobile (Rvsd                    
            Argument.,  3, 4).                                                                              
                                                                                                           
                                          FINDINGS OF FACT                                                  
                   We find the following facts by a preponderance of the evidence:                          
                   1.  Kanter discloses a “participant's account number is a unique account                 
            number of the participant, such as the participant's social security number, and is             
            encoded in a magnetic stripe or similar on a plastic card…” (Kanter, col., 17, ll.              
            54-57) and this customer identification badge is used as part of a referral                     
            recognition system in an incentive program offered by merchants (Kanter, col. 12,               
            ll. 49-54).                                                                                     
                   2.  DeWolf discloses an asset information registry which can be applied to               
            vehicles and record maintenance (DeWolf p.10, [0107]) which we find to be an                    
            incentive for the sale of the vehicle like the referral recognition system (FF 1) is to         
            Kanter.                                                                                         
                   3.  The Examiner found that:                                                             
                         DeWolf discloses that an asset record of what the user                             
                         owns can be maintained at time of transaction via a smart                          
                         card:                                                                              
                         "[0109] In one embodiment, the vehicle asset record is                             
                         transferred from the manufacturer or dealer to the buyer                           

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