Ex Parte PHILLIPS et al - Page 12




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


             Additionally, the claim merely recites “issuing the stored value card, wherein the stored                
             value card is marked . . .” without a limitation as to at the time of issuance.  Appellants              
             argue that Your Choice does not have a recipient’s name embossed on the card.  (See                      
             brief at page 9.)  We do not find support for appellants’ argument in the language of                    
             claim 53, and the argument is not commensurate with the language of independent                          
             claim 53.                                                                                                
                    Additionally, appellants argue that your Choice is not personalized.1  (See brief at              
             page 9.)  We do not find support for appellants’ argument in the language of claim 53.                   
             Therefore, we agree with the examiner that Your Choice teaches the marking of the                        
             name thereon by the recipient to have the card accepted by merchants.  With the                          
             storage of a scanned image of each transaction for archival purposes including the                       
             signature, rather than the retention of the paper copy, we find that the database would                  
             have the recipient’s name and the account number stored therein.  Similarly, at the time                 
             of purchase, the seller would have input the purchaser’s information into a database                     
             and purchase amount.  Additionally, the examiner maintains that the embossing of a                       
             card with a recipient’s name was common practice in issuing rebates and gift                             
             certificates.  (See answer at page 31.)  Again, we agree with the examiner, but we find                  




                    1 We note appellants argue that “independent claim 1 recites . . .” but we interpret this argument
             to be directed to independent claim 53 since claim 1 has been canceled.                                  
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