Ex Parte OGILVIE - Page 15




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


         argues that it would have been obvious to one of ordinary skill            
         in the art to modify the Fernandez-Holmann system to use debit             
         cards instead of credit cards to allow transfers from a checking           
         account to a savings vehicle to obtain Appellant's invention as            
         recited in claim 22.  See pages 38 through 40 of the Examiner's            
         answer.                                                                    
              In response to the answer, Appellant does not dispute that            
         the use of debit cards to cause electronic currency transfers              
         from checking accounts is well known.  See page 8 of the reply             
         brief.  Appellant argues that the asserted facts are not, in and           
         of themselves, sufficient to render the claim obvious because              
         evidence of motivation to combine the official notice with                 
         Fernandez-Holmann is lacking.  See pages 8 and 9 of the reply              
         brief.                                                                     
              An obviousness analysis commences with a review and                   
         consideration of all the pertinent evidence and arguments.  "In            
         reviewing the [E]xaminer's decision on appeal, the Board must              
         necessarily weigh all the evidence and arguments."  In re                  














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