Appeal No. 2001-1862
Application No. 09/102,044
Therefore, we cannot sustain the rejection of independent claims 61 and 87 and their
respective dependent claims.
GROUP THREE
With respect to independent claims 69 and 95, Group Three is directed to a gift
card to a recipient which can be converted into a credit card by the recipient.
Appellants argue that the Office has failed to provide a prima facie case of
obviousness and that there is no evidence to establish that one of ordinary skill in the
art would modify Your Choice according to all of the Official Notices in the Office action.
(See brief at page 15.) We agree with appellants as discussed above. Appellants
argue that Store Card at best encourages recipients to sign up for a new and separate
credit card rather than converting a stored value card into a credit card. (See brief at
page 15.) We agree with appellants. Additionally, we find that the examiner’s
additional reliance upon Store Card does not remedy the noted deficiency in the Your
Choice combination. Therefore, we cannot sustain the rejection of independent claims
69 and 95 and their respective dependent claims.
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