Ex Parte CRESWELL et al - Page 5




          Appeal No. 2003-1022                                                        
          Application No. 09/152,810                                                  


          arguments actually made by appellant have been considered in this           
          decision.  Arguments which appellant could have made but chose              
          not to make in the brief have not been considered and are deemed            
          to be waived [see 37 CFR 1.192 (a)].                                        
               With regard to independent claim 1, the examiner asserts               
          that Rose discloses the claimed subject matter except that                  
          whereas Rose discloses that a card reader at the vendor makes a             
          call to a billing server to provide the amount of the sale, card            
          number and that the buyer transfers the card number using the               
          Internet “or other means” (column 8, lines 8-11), Rose does not             
          explicitly disclose that the call is being made via a telephone             
          network.                                                                    
               The examiner turns to Bezos for a teaching of providing a              
          portion of purchase information over a public telephone system              
          and concludes that it would have been “obvious...to use a                   
          telephone network to make the corresponding calls in the Rose               
          system” (answer-page 4) in order to increase the level of                   
          security for the purchaser’s account number, as discussed by                
          Bezos (column 6, lines 6-11).                                               
               Realizing that neither Rose nor Bezos discloses providing a            
          confirmation number from the billing server to the purchaser, who           
          then provides it to the vendor, who then sends the confirmation             

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