Ex parte BYRLEY - Page 5



          Appeal No. 95-0456                                                          
          Application No. 07/933,960                                                  

          “prior art as set forth previously further in view of                       
          Bergeron” [page 2].  References back to office actions of May               
          21, 1992 and September 18, 1991 are similarly useless in                    
          ascertaining a full explanation of the examiner’s application               
          of the references to the claim language.  Then, when one goes               
          all the way back to the office action of February 11, 1991, it              
          is discovered that the rejection of claims 1 through 12                     
          therein is based on a different statutory section, i.e., 35                 
          U.S.C. ' 102.                                                               
               Accordingly, the examiner never explains his position                  
          with regard to how the cited references are specifically                    
          applied to the claim language.  Normally, we would summarily                
          remand the application to the examiner for correction and                   
          explanation.  However, in the instant case, for the reasons                 
          infra, and for reasons of expediency, we will merely reverse                
          the examiner’s rejection under 35 U.S.C. ' 103 because there                
          is clearly no case of prima facie obviousness established with              
          regard to claimed subject matter in view of the applied                     
          references.                                                                 
               Independent claims 1, 12 and 13 all require automatic                  
          communication wherein the communication is from the account                 
          processing stations to the master accounting station if                     


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