Appeal No. 2003-0158
Application No. 09/514,570
teaching of controlling the use of portable data media, wherein the system has a first
storage device 28, local to the ATM having a database for validating a card that is
inserted into the ATM.
The examiner concludes that it would have been obvious “to incorporate the
local storage device having black list information (i.e., a payor black list information) in
the ATM of DeBan to be utilized as an initial validating process performed locally in
order to prevent cashing the check that is in risk (i.e., the payor of the check is listed in
the black list)” (answer-page 5).
Appellants, of course, take a different view.
Appellants contend that DeBan does not teach the recited storage device for
storing a database of payor information representing a payor of a check. At column 3,
lines 64-65, of DeBan, it is disclosed that “disk storage 66 contains a data base
associated with the bank’s customers.” Appellants admit that “it is conceivable that a
payor of a check could coincidentally also be a customer of the bank” but go on to say
that “that mere possibility cannot be interpreted as a suggestion...to use a database of
payor information, as recited in Applicants’ claims” (principal brief-page 5).
There will be times when the payor will be the bank’s customer and the database
in DeBan is a database “associated with the bank’s customers.” The instant claims do
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