Appeal No. 1998-0408
Application No. 08/176,861
As to the first basis, we perceive no requirement in the
second paragraph of 35 U.S.C. § 112 that a method claim
explicitly recite the structure used to perform the recited
method steps. From our perspective, to the extent that a
particular known structure (e.g., a bar code reader) is
inherently required to perform the scanning step, recitation
of the scanning step implicitly includes the use of such
structure.
With regard to the second basis, it is not clear to us
exactly what the examiner considers to be lacking in the claim
and the examiner has not further elaborated in this regard.
In light of the underlying disclosure and the preambular
language of claim 20 directed to a "method of facilitating
payment for goods or services," we understand the "relating"
step to be a step of associating with the bar coding on the
wristband a dollar or other credit amount which can be applied
for the payment of goods or services purchased by the wearer.
While the particular claim language selected by appellants may
be less precise than desired, in that it refers to a
particular amount of goods or services rather than a
particular amount (of money or other credit) for goods or
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