Appeal No. 2003-1022
Application No. 09/152,810
While the examiner’s logic in this regard would have some
credence if the term “virtual check” were interpreted in a
vacuum, it is clear from the instant specification, at page 7,
that a “virtual check” is defined as something that “allows the
purchaser to cancel the electronic transaction within a
predetermined time period, similar to canceling a check after
submitting a check to a vendor.” In this regard, the claimed
“virtual check” is not equivalent to a debit card.
Moreover, claim 1 sets forth that it must first be
determined if a confirmation number indicates a virtual check and
then, if it does, “waiting a predetermined time before executing
step (h).” Only then, is the confirmation number sent from the
vendor server to the billing server if the cancel code (which is
part of the virtual check) is not received from the purchaser
within the predetermined time. The relationship between this
“virtual check,” waiting a predetermined period of time, and
sending the confirmation number from the vendor server to the
billing server, is not taught or suggested by the combination of
applied references.
Accordingly, we will not sustain the rejection of
independent claim 1, or of claims 2-7, 9 and 23-25, dependent
thereon, under 35 U.S.C. § 103.
-7–
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