Ex Parte OGILVIE - Page 16




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


         conclusion."  In re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 1430,              
         1434 (Fed. Cir. 2002).                                                     
              The facts of the record are that there is no dispute that             
         the debit card system was well known in the art at the time of             
         Appellant's filing of this application.  The feature of a debit            
         card is to allow a checking account to have the convenience of a           
         credit card.  In particular, the debit card appears and functions          
         the same as a credit card.  A debit card is simply a plastic card          
         which has a magnetic strip that has the account numbers and                
         related banking information to allow money to be transferred               
         directly from the debit card holder's checking account to pay for          
         a purchase.  One of the attractive features of debit cards is              
         that it provides the same convenience as a credit card in that             
         one does not have to write a check but instead merely has to               
         swipe a debit card through the reader just as you would a credit           
         card to quickly and efficiently purchase items.  We find that one          
         of ordinary skill in the art would recognize that to modify                
         Fernandez-Holmann by substituting a debit card for the credit              














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