Ex Parte Likourezos et al - Page 16

            Appeal 2007-2742                                                                                 
            Application 09/764,618                                                                           

        1       Thus, the Appellants have not sustained their burden of showing that                         
        2   Bogosian fails to describe an automatic payment method after the conclusion of the               
        3   electronic auction.                                                                              
        4       The Appellants’ second argument is that the reliance on a credit card to pay the             
        5   seller fails to anticipate automated deduction of funds from a payment account and               
        6   transference to a user (seller) account.  The Appellants’ explanation linking this               
        7   operation to the claimed plurality of payment accounts appears to argue that the                 
        8   customer has not transferred a cash balance into the auctioneer’s payment                        
        9   accounts, from which payments are transferred to sellers (Br. 20:Bottom ¶ - 21:Top               
       10   line).                                                                                           
       11       We find that claim 21 is broader than such a narrow construction.  As we                     
       12   construed above, an account is a record of a customer having a business or credit                
       13   relationship.  Therefore a payment account is such a record that is used to record               
       14   payments by a customer.  By the terms of claim 21, the payment accounts must be                  
       15   maintained by the auction system and be capable of storing funds.  Those                         
       16   customers who sign up for using Amazon 1-click have payment accounts so                          
       17   maintained (FF 16).  Storing a credit card number inherently stores funds as                     
       18   construed supra, a source of supply of money or other financial resource, and thus               
       19   is capable of storing funds.                                                                     
       20       As to the specific operations of debiting payor purchases accounts and                       
       21   crediting payee sales accounts, we find that this is conventional in any accounting              
       22   system.                                                                                          
       23       The Appellants have not sustained their burden of showing that the Examiner                  
       24   erred in rejecting claims 21-23.                                                                 
       25       Independent Claim 24                                                                         
                                                     16                                                      


Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: September 9, 2013