Ex parte NORMAN E. CHASEK - Page 2




          Appeal No. 96-3053                                                          
          Application 08/113,194                                                      


          This is a decision on the appeal under 35 U.S.C. § 134                      
          from the examiner's rejection of claims 9-14, which constitute              
          all the claims remaining in the application.  We note that                  
          appellant’s initial appeal brief indicated that claims 10 and 12            
          were to be cancelled and that the appeal was made with respect to           
          claims 9, 11, 13 and 14 [brief, page 1].  Notwithstanding this              
          indication, the appeal brief also presented arguments as to why             
          claims 10 and 12 were patentable.  Because of these arguments,              
          the examiner did not cancel claims 10 and 12 and considered the             
          arguments against all the claims present in the application.                
          Therefore, we treat this appeal as being directed to the                    
          rejection of all of claims 9-14.                                            
          The claimed invention pertains to a method and apparatus                    
          for automatically settling payments between different autonomous            
          toll authorities.  More particularly, tolls which have been paid            
          to one toll authority by a vehicle owner are automatically                  
          transferred to a second toll authority when the vehicle uses the            
          toll facilities run by the second authority.                                
          Representative claim 9 is reproduced as follows:                            
               9.  A method for automating inter Authority settlements                
          between a plurality of autonomous Authorities employing debited             
          electronic toll paying, without a central intervening third                 
          party, is comprised of the steps of:                                        


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