Ex Parte PHILLIPS et al - Page 11




             Appeal No. 2001-1862                                                                                     
             Application No. 09/102,044                                                                               


                    Appellants argue at page 8 of the brief that there is not disclosure that the issuer              
             receives notification from the recipient that the stored value card had been received.                   
             We agree with appellants.   While the examiner maintains in the statement of the                         
             rejection at pages 7-8 of the answer that security is an issue to motivate notification to               
             activate the cards, in general, the examiner has not addressed why a set value prepaid                   
             card as taught by Your Choice without a name designated at issue need be activated                       
             by the recipient rather than by the purchaser.  While we agree with the examiner that                    
             fraud and security issues would have been matters clearly within the level of skill in the               
             art, the examiner has not addressed these with respect to Your Choice and the other                      
             modifications thereto.                                                                                   
                    At the Oral hearing appellants’ representative disputed that the name of the                      
             recipient is not in the computer database for the stored value card account.  We                         
             disagree with appellants.  We find that the language of the claim merely requires                        
             “information about . . .”  The examiner maintains that it would have been obvious to one                 
             of ordinary skill in the art at the time of the invention to have the recipient’s name on the            
             card and that the required signature would have been on the card, but it is not                          
             embossed.  (See answer at page 28.)  Again, we agree with the examiner, that the card                    
             when signed would have been marked with a designated recipient’s name/signature.                         





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