Ex Parte KAWAN - Page 14




            Appeal No. 2004-0013                                                                       
            Application No. 09/234,889                                            Page 14              


            With respect to claim 79, appellants sole argument (brief, page                            
            14) is that the combined teachings of the prior art as a whole                             
            does not describe:                                                                         
                  that loyalty program information is stored in a loyalty                              
                  register of a loyalty program application in                                         
                  programmable memory on a smart card microcomputer, that                              
                  transaction information is stored on the purchase log                                
                  part of the transaction log in programmable memory on                                
                  the smart card microcomputer, that the stored                                        
                  transaction information is compared with the stored                                  
                  loyalty program information by an application program                                
                  in programmable memory on the smart card microcomputer                               
                  internally as a function of the smart card                                           
                  microcomputer independently of the merchant terminal,                                
                  that transaction information stored on the purchase log                              
                  part of the transaction log is identified by the                                     
                  application program in programmable memory on the smart                              
                  card microcomputer about at least one transaction with                               
                  an associated transaction number that is numerically                                 
                  greater than any transaction number for the merchant                                 
                  stored in the stored loyalty program information, and                                
                  that the identified transaction information is added to                              
                  the stored loyalty program information by the                                        
                  application program in programmable memory on the smart                              
                  card microcomputer.                                                                  
                  At the outset, we not that instead of reciting the stand-                            
            alone terminal, claims 76 and 79 recite, inter alia, that the                              
            transaction information is compared with the stored loyalty                                
            information on the smart card independently of the merchant                                
            terminal.  We make reference to our findings, supra, with respect                          
            to claim 1.  In addition, we find that upon storing the loyalty                            
            program application on the smart card as taught by Willmore, as                            








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