Appeal No. 2002-0819
Application No. 09/047,533
customer’s mobile terminal is within a predetermined geographical
proximity of the merchant’s terminal. Therefore, the
determination of the geographical proximity is the criteria for
completing the financial transaction and has nothing to do with
determining at which merchant location and at what time the
service will be provided. Thus, the analysis should be directed
to determining whether the customer’s location is applied as a
condition of completing the transaction.
Our review of Hall confirms that the reference relates to a
method and system for receiving an order from a mobile customer,
receiving customer location information and scheduling the
completion of the order (abstract). In particular, Hall provides
for receiving an order from a mobile customer which includes
different components related to customer location, the facility
that is capable of completing the order, estimated time of
arrival of the customer and the time needed to complete the order
(col. 3, lines 55-67). According to another component, a
facility that is capable of completing the order within the time
prior to the customer’s arrival is identified (col. 4, lines 1-
5). In fact, contrary to the Examiner’s interpretation of Hall,
determination of the estimated arrival time of the customer based
on the location of the mobile customer merely provides the system
with information that helps with selecting which merchant
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