Appeal No. 2003-2131
Application 09/309,834
or in combination with the disclosure of Kanter, which teaches or
would have suggested that the consumer accounts with which
McCarthy is concerned are trust accounts having a financial
institution trustee as set forth in independent claims 1, 12 and
15. This fundamental flaw in the McCarthy-Kanter combination
finds no cure in the examiner’s additional application of Molbak
for its disclosure of consumer contributions to charity.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 1 and 15, and dependent
claims 2 through 8, 16 and 17, as being unpatentable over
McCarthy in view of Kanter, or the standing 35 U.S.C. § 103(a)
rejection of independent claim 12, and dependent claims 9 through
11, 13, 14 and 18 through 20, as being unpatentable over McCarthy
in view of Kanter and Molbak.
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