Ex Parte PITRODA - Page 9



          Appeal No. 2004-0297                                                        
          Application No. 09/265,451                                                  

          account information which the memory is adapted to store to                 
          include a plurality of images of replicas of cards.  As the                 
          applied references, including the portions of Tamada referred to            
          by the examiner, do not teach, and would not have suggested, a              
          device having these characteristics, we shall not sustain the               
          standing 35 U.S.C. § 103(a) rejection of claims 53 and 54 as                
          being unpatentable over Tamada in view of Danielson and Hale.               
          Claim 77                                                                    
              Claim 77 depends from claim 48 and requires at least one of             
          the transaction records to comprise a receipt.  As indicated                
          above, Hale would have suggested providing the Tamada device with           
          a memory adapted to store transaction records such as those                 
          embodied by the history trail depicted in Hale’s Figure 5.  At              
          least some of the individual records shown in Figure 5 (see 26-1,           
          26-3, 26-4), which display the transaction date, vendor and                 
          purchase price, constitute receipts as broadly recited in claim             
          77.  The appellant’s argument to the contrary rests on an                   
          improper reading of limitations from the specification into the             
          claim.  Thus, we shall sustain the standing 35 U.S.C. § 103(a)              
          rejection of claim 77 as being unpatentable over Tamada in view             
          of Danielson and Hale.                                                      


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