Ex Parte FISHER JR et al - Page 4




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

                     The examiner incorporates the statement of the rejection from the final rejection                  
              (final rejection at pages 2-5) and maintains that Zuppicich teaches accessing a plurality                 
              of card reader configuration records when the system selects a protocol for the                           
              established card type.  The examiner does not provide a specific teaching for this                        
              limitation, but appears to rely on the fact that high level language commands from a                      
              host program are translated into low level protocol for the appropriate card type.  (See                  
              final rejection at page 2.)  We disagree with the examiner and find that this is merely a                 
              translation of the commands to a different form and not an accessing of a plurality of                    
              reader configurations.  The examiner appears to not appreciate the difference between                     
              selecting between a number of separate and distinct types of card readers as one facet                    
              of the claimed invention and also selecting between a number of separate and distinct                     
              types of card as the other facet of the claimed invention.  If Zuppicich merely teaches                   
              the adaptation of the configuration of the single reader to multiple different types of                   
              cards, this only teaches one of the two facets of the claimed invention.                                  
                     Furthermore, the examiner’s reliance on Clark to teach accessing one of a                          
              plurality of card configurations is misplaced with respect to the use of card                             
              configurations records.  While a smart card is envisioned by Clark to be a CPU to be                      
              used with any computing station in the future, we do not find that it teaches or suggests                 
              using both card configurations and card reader configurations to configure a software                     




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