Ex Parte SAVAGE et al - Page 4




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


             make reference to the appeal brief3 and the examiner’s answer for the respective                       
             details thereof.                                                                                       
                                                    Opinion                                                         
                                                                                                                   
                    With full consideration being given to the subject matter on appeal the                         
             examiner’s rejection and the arguments of the appellants and the examiner, for the                     
             reasons stated infra we will not sustain the examiner’s rejection of claims 1, 4 through               
             6, 9 through 57 under 35 U.S.C. § 103.                                                                 
                    We first consider the examiner’s rejection of claims 1, 4, 9 through 16, 19                     
             through 22, 32 through 35, 38 through 41 and 50 through 57.  The examiner sets forth                   
             this rejection on pages 4 through 14 of the examiner’s answer.  The examiner states on                 
             pages 13 and 14 of the answer:                                                                         
                           Saville does not explicitly disclose acquiring ownership of receivables                  
                    represented by the account data by the service provider under contractual                       
                    arrangements with the plurality of billers upon receipt of the account data.                    
                    Official Notice is taken that it is old and well known within the financial services            
                    industry wherein a financial institution buys debts, such as bills, from other                  
                    organizations.  This is common in the mortgage market between the first and                     
                    secondary markets.  This is also used by companies who need cash and sell                       
                    their account receivables (debts) to a financial institution or collection agency.              
                    Therefore, it would have been obvious to one having ordinary skill in the art at                
                    the time the invention was made to acquire ownership of receivables.  One                       
                    would be motivated to acquire ownership of receivables in order to increase the                 
                    flexibility of the financial solutions and to integrate all the steps of the billing            
                    process with the reception and control of the customer payments.                                



             3 This decision is based upon the appeal brief filed by appellants on April 4, 2003.                   
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