Ex Parte SAVAGE et al - Page 3




             Appeal No. 2004-0094                                                                                   
             Application No. 09/181,658                                                                             


                           automatically rendering the combined bill to the customer;                               
                           wherein at least one of the plurality of accounts is a recurring bill                    
                    account and wherein the customer continues to purchase products or                              
                    services from at least one of the billers after the service provider acquires                   
                    ownership of the receivables associated with the account data received.                         
                                                                                                                   
                                                   References                                                       
                    The references relied upon by the examiner are:                                                 
             Smorodinsky                              6,049,786                                         April 11, 2000
                  (filed July 22, 1997)                                                                             
                Saville “Convergent Billing & Customer Care”, A Telecommunications Industry                         
             White Paper, Spring 1997, pp. 1-10.                                                                    
                                                                                                                   
             Rejections at Issue                                                                                    
                                                                                                                   
                    Claims 1, 4, 9 through 16, 19 through 22, 32 through 35, 38 through 41 and 501                  
             through 57 stand rejected under 35 U.S.C. § 103 as being obvious over Saville in view                  
             of Official Notice.  Claims 5, 6, 172, 18, 23 through 31, 36, 37, 41 through 49  stand                 
             rejected under 35 U.S.C. § 103 as being obvious over Saville in view of Official Notice                
             and Smorodinsky.  Rather than repeat the arguments of appellants or the examiner we                    


             1 It is noted that the statement of the rejection does not identify that claim 50 is included in the rejection
             under 35 U.S.C. § 103 as being obvious over Saville in view of Official Notice.  However, the explanation
             of the rejection includes claim 50 and appellants in their arguments address claim 50 as included in the
             rejection under 35 U.S.C. § 103 as being obvious over Saville in view of Official Notice.  Accordingly, we
             will treat claim 50 as being included in this rejection.  See Ex Parte Emm 118 USPQ 180, 181           
             (BdPatApp&Int, 1958).                                                                                  
             2 It is noted that the statement of the rejection does not identify that claim 17 is included in the rejection
             under 35 U.S.C. § 103 as being obvious over Saville in view of Official Notice and Smorodinsky.        
             However, for the same reasons provided supra with respect to claim 50, we will treat claim 17 as included
             in the rejection under 35 U.S.C. § 103 as being obvious over Saville in view of Official Notice and    
             Smorodinsky.                                                                                           
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