Ex Parte DEATON - Page 8




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                 Page 8           


               Appellants assert (brief, page 11) that “Creekmore does not            
          disclose a system for entering unique customer identification               
          codes from customer identification presented at the point-of-sale           
          and for accumulating transaction data at the point-of-sale, as              
          claimed.”  It is argued that because the terminal 13 of Creekmore           
          is located near the checkout lanes of a grocery store, it is not            
          located at the point of sale.  It is further argued (brief, page            
          14) that the data entry of columns 5 and 6 of Creekmore refers to           
          entering customer identification codes, and does not relate to              
          the entry of transaction data as recited in claim 8.                        
               From our review of Creekmore's disclosure, we find that                
          Creekmore discloses (col. 5, lines 18-28) that “the input                   
          terminal 13 . . . may be positioned at any convenient point-of-             
          use location such as a location near the checkout lanes of a                
          grocery store.  When a customer desires to undertake a particular           
          checking function, such as paying presently-unknown amount for              
          the purchase of groceries, he inserts his identification card 25            
          into a slot 26 provided on the side 27 of the input terminal.               
          The customer next places a blank check 28 face-down on the check            
          tray 29, and then slides the check tray into the opening provided           
          in the front face 30 of the input terminal.”   Creekmore further            
          discloses (col. 5, lines 57 and 58) that in this example, it is             







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