Ex parte VASSIGH et al. - Page 7




          Appeal No. 1998-0876                                                        
          Application 08/269,703                                                      

          Vassigh is not located in a housing different from the housing              
          containing the processor.  Figure 16 shows the buttons on the               
          touch screen display during the payment process; it does not                
          show a card reader and certainly does not show a card reader                
          within the first portion housing.  Figure 1 appears to show a               
          card reader (unnumbered) in the terminal device 20 at the                   
          upper right hand corner of the sloping front face, but this is              
          not part of the first portion of the display.                               
               Claims 5 and 6 recite that "the first and second keypads               
          in combination perform a predetermined function in a plurality              
          of ways."  This goes to the disclosed concept of                            
          "multi-pathing" (e.g., specification, p. 2, lines 3-5; p. 5,                
          last para.).  Appellants argue that Vassigh discloses three                 
          types of buttons, but does not disclose more than one way that              
          these buttons can be used to perform a predetermined function               
          (Br10).  The Examiner finds that this limitation is disclosed               
          in Vassigh and points to the three different kinds of buttons               
          in figure 9 that Appellants argued did not meet the claim                   
          limitations (EA9).  The Examiner does not answer Appellants'                
          argument, and gives no example of a function that is performed              



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