Ex Parte CRESWELL et al - Page 6




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


          number back to the billing server, the examiner turns to Blonder.           
          The examiner asserts that Blonder teaches a customer requesting a           
          confirmation number, or code, from a billing server (column 14,             
          lines 43-51) and, upon receiving the code, the customer sends it,           
          along with the purchase order, to the vendor, who then returns              
          the code to the billing server for authorization of the                     
          transaction (column 14, lines 55-59).                                       
               The examiner also contends that Blonder discloses the use of           
          a special code to identify a virtual check, or debit card, at               
          column 4, lines 62-66, and concludes that it would have been                
          obvious to allow the customer in Rose to send the confirmation              
          number directly to the vendor instead of routing it through the             
          billing server.                                                             
               It is our view that the examiner’s reasoning is quite                  
          logical up until Blonder is applied for a teaching of a “virtual            
          check.”  The examiner equates Blonder’s disclosure of a debit               
          card with that of a “virtual check” because both are                        
          authorizations from an account holder to transfer monies from a             
          checking account to another entity and, since a debit card                  
          transaction takes place on line, as opposed to a physical check             
          changing hands, the debit card transaction is a “virtual check              
          transaction” (answer-page 11).                                              

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