Appeal No. 95-0456
Application No. 07/933,960
disclosed by Hudson, may be suggestive of a “predetermined
condition” in the sense that if the transaction is for less
than the amount of money in the account indicated by the debit
card, then the transaction is permitted to take place and if
the account balance is less than the amount of the
transaction, then the transaction does not take place, the
“predetermined condition” being the account balance on the
debit card, this still does not meet or make obvious the
limitations appearing in the claims. Clearly, the
“predetermined condition” in the prior art debit card scenario
has nothing to do with “transactions since transaction
information was last transferred to the master accounting
station” and there is nothing in such a prior art debit card
system to suggest the claimed alternative on-line or off-line
transactions, the choice being dependent on the data content
of the magnetic stripe card. While Bergeron teaches an on-
line wagering system, there is nothing therein to suggest this
alternative on-line or off-line transaction dependency on data
content. While appellant strenuously argues [principal brief,
page 5] this non-obvious point of distinction, with which we
agree, the examiner never comes to grips with this claim
limitation.
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