Appeal No. 2002-0819
Application No. 09/047,533
transferring the transaction amount from the customer
account to the merchant account only if the customer mobile
station and the merchant terminal are within the
predetermined geographical proximity as a security safeguard
to assure that the customer mobile station is actually
proximate the merchant terminal at the time of requesting
transfer.
21. A service node of a telecommunications network
which, in response to a request from a customer mobile
station, arranges for transfer of a transaction amount from
a customer account of a customer financial institution to a
merchant account of a merchant financial institution
provided that the service node determines that the customer
mobile station and the merchant terminal are within a
predetermined geographical proximity.
The Examiner relies on the following references in rejecting
the claims:
Morrill, Jr. (Morrill) 5,991,749 Nov. 23, 1999
(effective filing date: Sep. 11, 1996)
Hall et al. (Hall) 6,026,375 Feb. 15, 2000
(filed Dec. 5, 1997)2
Shannon et al. (Shannon) 6,032,044 Feb. 29, 2000
(filed Aug. 16, 1996)
Claims 1-3, 5-7, 11-16, 18, 19, 21, 27, 29, 31-34, 36-40,
42, 44-80 stand rejected under 35 U.S.C. § 103(a) as being
unpatentable over Morrill in view of Hall.3
2 The effective filing date of the Hall reference appears to be after
the priority date of the application. However, since there is nothing in the
record to indicate that Appellant has challenged the reference as prior art,
we treat the reference as prior art.
3 The Examiner labels the rejection as “anticipation” by mistake,
whereas the rejection is under 35 U.S.C. § 103(a).
3
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