Appeal No. 2001-1000
Application No. 08/835,404
would have been obvious to one of ordinary skill in the art at the time of the invention to
implement the systems of Jones and PR Newswire for processing credit card
transactions for transactions where a credit card application has already been
approved. Generally, we find no evidence in the record that credit card transactions as
processed with card swipe machines are not promptly and timely processed in an
acceptable manner. Furthermore, we find no evidence or suggestion in the record that
once the credit application is approved, a specific credit card transaction on an active
credit card account would have been processed in a different manner which is slower
than that known and accepted in the credit card processing art.1
Appellant argues, based upon the Green Sheet article filed with appellant’s brief
as Appendix B and the newspaper article filed with appellant’s brief as Appendix C, that
the industry and those in the credit card transaction art contradict the examiner’s
conclusions regarding obviousness. (See brief at pages 11-13.) We do not find
appellant’s reliance on the Green Sheet article and newspaper article to be persuasive
or carry substantial weight as appellant asserts since these publications are not directly
concerned with obviousness nor the prior art applied against the claims. Therefore, we
do not find this argument persuasive, and we do not rely on this extrinsic evidence. Nor
1 Additionally, we find no teaching or suggestion in the prior art of using an intermediate between
the user and the approval entity to receive, convert and transmit the converted information to the approval
entity, and then to receive and retransmit the approval.
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