Ex Parte OGILVIE - Page 20




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


         money debited from the credit card to be transferred to a first            
         savings vehicle and second savings vehicle having different                
         beneficiaries because of the convenience of allowing flexible              
         investing procedures.  In particular, allowing one to use a                
         second savings vehicle having  different beneficiaries would               
         afford one the safety and flexibility of meeting one's long-term           
         financial objectives.  Therefore, we will sustain the Examiner's           
         rejection of claims 34 through 46 under 35 U.S.C. § 103 as being           
         unpatentable over Fernandez-Holmann.                                       
              We note that the Appellant has not made an argument as to             
         the rejection of claims 61 through 65 under 35 U.S.C. § 103 as             
         being unpatentable over Fernandez-Holmann and Simpson.  As                 
         pointed out above, these arguments are thereby waived.                     
         Therefore, we will sustain the rejection of these claims as well.          
              In conclusion, we have sustained the Examiner's rejection of          
         claims 22, 23, 25 through 28, 31 through 46, 50 through 55 and 61          
         through 65.  We cannot sustain the rejection of claims 1 through           
         21 and 56 through 60.                                                      














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