Appeal No. 2003-1022
Application No. 09/152,810
Turning now to independent claim 17, we note that this claim
makes no mention of a “virtual check” nor does it require the
confirmation number to indicate a virtual check or to indicate a
cancel code. In fact, the confirmation number and the cancel
code do not appear to be related, nor are they required to be
related, in claim 17. Similarly, in independent claim 21, the
confirmation number and the cancel code are unrelated.
Accordingly, we will sustain the examiner’s rejection of
claims 17 and 21, and of claims 18, 19, 22 and 26, dependent
thereon, under 35 U.S.C. § 103 since, with respect to these
claims, the examiner appears to have established a prima facie
case of obviousness and appellants’ only arguments (virtual
check, waiting a predetermined time, and the use of a virtual
check as indicated in a confirmation code) are not directed to
limitations appearing in claims 17 and 21.
We have sustained the rejection of claims 17-19, 21, 22 and
26 under 35 U.S.C. § 103 but we have not sustained the rejection
of claims 1-7, 9 and 23-25 under 35 U.S.C. § 103.
Accordingly, the examiner’s decision is affirmed-in-part.
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