Ex Parte OGILVIE - Page 12




         Appeal No. 2001-2627                                                       
         Application No. 09/472,658                                                 


         least one of the time[s] at which a transaction occurs and the             
         transaction amount."  Emphasis added.  Finally, we note that               
         independent claim 56 and dependent claims 57 through 60 recite "a          
         determining means for determining that a consumer-initiated                
         transaction is a covered transaction pursuant to a savings                 
         agreement with the consumer under which specified funds will be            
         directed on the consumer's behalf to a specified savings vehicle           
         at a second financial institution, covered transactions pursuant           
         to the agreement being determined according to at least one of             
         the time[s] at which a transaction occurs and the transaction              
         amount."  Emphasis added.                                                  
              In rejecting claims under 35 U.S.C. § 103, the Examiner               
         bears the initial burden of establishing a prima facie case of             
         obviousness.  In re Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443,          
         1444 (Fed. Cir. 1992).  See also In re Piasecki, 745 F.2d 1468,            
         1472, 223 USPQ 785, 788 (Fed. Cir. 1984).  The Examiner can                
         satisfy this burden by showing that some objective teaching in             
         the prior art or knowledge generally available to one of ordinary          













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