Ex Parte WILKES - Page 3




              Appeal No. 2001-1000                                                                                        
              Application No. 08/835,404                                                                                  


              Jones et al. (Jones)                       5,239,462                    Aug. 24, 1993                       
              Radigan, “Fighting over Internet Payments,” US Banker, Vol. 106, No. 2, pp 43-45                            
              (Feb. 1996)                                                                                                 
              “GMAC’s 10-Minute Credit Review,” PR Newswire (Mar. 20, 1997) (PR Newswire)                                 
                     Claims 1-9 and 13-22 stand rejected under 35 U.S.C. § 103(a) as being                                
              unpatentable over Jones in view of PR Newswire.  Claims 10-12 stand rejected under                          
              35 U.S.C. § 103(a) as being unpatentable over Jones in view of PR Newswire and                              
              Radigan.                                                                                                    
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                        
              appellant regarding the above-noted rejections, we make reference to the examiner's                         
              answer (Paper No. 11, mailed Sep. 26, 2000) for the examiner's reasoning in support of                      
              the rejections, and to appellant’s brief (Paper No. 10, filed Aug. 2, 2000) for appellant’s                 
              arguments thereagainst.                                                                                     
                                                       OPINION                                                            
                     In reaching our decision in this appeal, we have given careful consideration to                      
              appellant’s specification and claims, to the applied prior art references, and to the                       
              respective positions articulated by appellant and the examiner.  As a consequence of                        
              our review, we make the determinations which follow.                                                        


                            To reject claims in an application under section 103, an                                      
                            examiner must show an unrebutted prima facie case of                                          
                            obviousness.   See In re Deuel, 51 F.3d 1552, 1557,  34                                       
                                                            3                                                             





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007