Appeal No. 2004-0786
Application No. 08/935,116 Page 9
presumed that a customer has not passed through the checkout lane
of the store.
From the disclosure of Creekmore, we agree with appellants
that a customer of Creekmore will first go to the check
verification terminal for check approval, and then go to the
checkout. Thus, Creekmore does not disclose that the terminal
for entering the unique customer codes is located at the point-
of-sale, as required by claim 8. We agree with the examiner that
Creekmore discloses storing customer data relating to prior
transactions, because the number of checks cashed within a
particular period and their dollar amounts relates to the
customer's prior transactions (col. 7, lines 19-21 and col. 7,
lines 64-68 and col. 10, lines 48-56). In addition, Creekmore
discloses that the information relating to the dollar amount of
the check is entered into the terminal by the user (col. 3, lines
6-10 and col. 10, lines 52 and 53), and that a nightly update
routine is used to generate various reports and records, and
various statistical reports as desired (col. 10, lines 48-56).
However, we are not persuaded by the examiner's assertion
(answer, page 8) that point-of-use is equivalent to point-of-
sale. Firstly, Creekmore's disclosure that the terminal is near
the checkout and that the customer goes to the checkout after
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