Ex Parte FISHER JR et al - Page 2




              Appeal No. 2001-1137                                                                                      
              Application No. 08/984,053                                                                                

                                                   BACKGROUND                                                           
                     Appellants’ invention relates to a method and apparatus for formatting smart                       
              cards and card readers.  An understanding of the invention can be derived from a                          
              reading of exemplary claim 22, which is reproduced below.                                                 
                     22.     A method for configuring a software tool interface, between a card                         
                     and a card reader, comprising:                                                                     
                            accessing one of a plurality of card configuration records for                              
                     configuring a software tool interface to communicate with the card;                                
                            accessing one of a plurality of reader configuration records for                            
                     configuring the software tool interface to communicate with the card                               
                     reader; and                                                                                        
                            configuring the software tool interface, between the card and card                          
                     reader, for communicating with the card and card reader based upon the                             
                     respective accessed card and card reader configuration records.                                    
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Zuppicich                          WO 96/36051                        Nov. 14, 1996                       
              Clark et al., “BITS: A Smartcard Protected Operating System,” COMMUNICATIONS OF                           
              THE ACM, Vol. 37, No. 11, pp. 66-70 and 94, Nov. 1994.  (Clark)                                           
                     Claims 22-29, 37, and 40-50 stand rejected under 35 U.S.C. § 103 as being                          
              unpatentable over Zuppicich in view of Clark.                                                             
                     Rather than reiterate the conflicting viewpoints advanced by the examiner and                      
              appellants regarding the above-noted rejections, we make reference to the examiner's                      



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