Ex Parte OGILVIE - Page 14




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


              Upon careful review, we fail to find that the Examiner has            
         provided requisite findings or reasons in Fernandez-Holmann for            
         these limitations.  Thereby, we will not sustain the rejection of          
         claims 1 through 21 and 50 through 60 under 35 U.S.C. § 103.               
              Turning to group II, we note that claims 22, 25 through 28            
         and 31 through 33 stand rejected under 35 U.S.C. § 103 as being            
         unpatentable over Fernandez-Holmann.  Because the Appellant has            
         grouped and argued these claims as one group, we will treat                
         claims 22, 25 through 28 and 31 through 33 as standing or falling          
         together and we will treat claim 22 as the representative claim            
         of that group.                                                             
              Appellant argues on pages 14 and 15 of the brief that the             
         Examiner erred in the rejection of claim 22 because the claimed            
         limitations, "in response to an otherwise unrelated transaction            
         authoring funds transfer from a checking account" have not been            
         identified in the prior art.  Appellant argues that Fernandez-             
         Holmann teaches that funds can be directed from a credit card to           
         a savings vehicle but does not teach funds to be directed from a           














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