Ex Parte BENNETT et al - Page 5




              Appeal No. 2001-0615                                                                                        
              Application No. 08/741,459                                                                                  


              financial institution, appellants states that the contract is completed, printed and                        
              transmitted to the approving financial institution with the customer retaining control over                 
              the document, and that once the customer has agreed to the financing, a completed                           
              contract is filled out in the system and electronically transmitted to the bank, at which                   
              point a digital signature is captured for transmission to the financial institution.  At this               
              point, the document is executed and the customer relinquishes control of the document                       
              to the financial institution.                                                                               
                     Appellants question the examiner’s admission that Davidson discloses that the                        
              document is returned to the first party with alterations/approvals that are made by the                     
              remote entity and that Davidson teaches that the first party may present the document                       
              to other remote entities for further development/approval by the remote entities as                         
              needed, but yet the examiner “somehow and incongruously concludes that the first                            
              party is controlling the development of the document by selecting which remote entity or                    
              entities to which the document is presented” [brief-page 8].                                                
                     We find no incongruity in concluding that a first party “controls” the development                   
              of a document even though the document is returned to the first party with alterations.                     
              If the first party agrees or disagrees with those alterations and acts accordingly, either                  
              approving or disapproving such alterations, then it still can be said that the first party is               





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