Appeal No. 2003-1022
Application No. 09/152,810
(f) determining at the vendor server whether the
confirmation number indicates a virtual check;
(g) waiting a predetermined time before executing step (h)
if the confirmation number indicates a virtual check; and
(h) sending the confirmation number from the vendor server
to the billing server over the second network if the cancel code
is not received from the purchaser within the predetermined time.
The examiner relies on the following references:
Blonder et al. (Blonder) 5,708,422 Jan. 13, 1998
Bezos 5,727, 163 Mar. 10, 1998
Rose et al. (Rose) 5,757, 917 May 26, 1998
Claims 1-7, 9, 17-19 and 21-26 stand rejected under
35 U.S.C. § 103 over the combination of Rose, Bezos and Blonder.
Reference is made to the brief and answer for the respective
positions of appellants and the examiner.
OPINION
In rejecting claims under 35 U.S.C. § 103, it is incumbent
upon the examiner to establish a factual basis to support the
legal conclusion of obviousness. See In re Fine, 837 F.2d 1071,
1073, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988). In so doing, the
examiner is expected to make the factual determinations set forth
in Graham v. John Deere Co., 383 U.S. 1, 17, 148 USPQ 459, 467
(1966), and to provide a reason why one having ordinary skill in
the pertinent art would have been led to modify the prior art or
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