Appeal No. 2004-0403 Application 09/100,684 implies that the offer is to pay part of the credit card bill. This limitation has two parts: (1) the offer is provided with the billing statement; and (2) the offer is to pay at least a portion of the amount due on the billing statement if the individual becomes a customer of the second entity. The examiner responds (answer, p. 14): The Examiner notes that the main references used to reject the claims were the McNatt and Linnen references which clearly show AT&T sending their offer with the user's phone bill; however the payment is given to the user, not directly to the first party. The references the Appellant cites ("Wall Street Access" and "Crosskey") in the above argument were used to show that it is [sic, was] well known for a second party to pay a portion of the user's bill owed to a first party directly to the first party. Thus, in combination, the references show the user receiving a billing statement from a first party with an offer (from AT&T) to pay the user for becoming a customer of the second party (AT&T), and that payment which is at least a portion of an amount due to the first party is paid directly to the first party (Crosskey). Appellants argue that it is clearly untrue that McNatt and Linnen show AT&T sending their offer with the user's phone bill and there is no indication that the entities sending the checks even send bills to the recipients, whether or not separate from the checks (reply brief, p. 4). It is also argued that the examiner's new interpretation of McNatt and Linnen is inconsistent with statements in the examiner's answer (reply brief, pp. 4-5). We agree with appellants that McNatt and Linnen do not show AT&T sending their offer with the user's phone bill, as stated by - 18 -Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 NextLast modified: November 3, 2007