Ex Parte PITRODA - Page 11



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

          Claim 81                                                                    
              Claim 81 depends from claim 71 and requires at least one of             
          the transaction records to comprise a receipt.  For the reasons             
          discussed above in connection with claim 77, we shall sustain the           
          standing 35 U.S.C. § 103(a) rejection of claim 81 as being                  
          unpatentable over Tamada in view of Danielson and Hale.                     
          Claim 58                                                                    
              Claim 58 is an independent claim which recites a method of              
          using a pocket-sized device of the sort at issue.  The appellant            
          contends that the rejection thereof is unsound because the                  
          applied references, and particularly Tamada, do not meet the                
          limitation requiring the step of sending and receiving                      
          information including transaction information including at least            
          one transaction record between the device and service                       
          institutions.  For the reasons discussed above in connection with           
          claim 48, this argument is not persuasive.  Hence, we shall                 
          sustain the standing 35 U.S.C. § 103(a) rejection of claim 58 as            
          being unpatentable over Tamada in view of Danielson and Hale.               
          Claim 79                                                                    
              Claim 79 depends from claim 58 and requires the transaction             
          record to comprise a receipt.  For the reasons discussed above in           
          connection with claim 77, we shall sustain the standing 35 U.S.C.           

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