Ex Parte DEATON - Page 23




          Appeal No. 2004-0786                                                        
          Application No. 08/935,116                                Page 23           


               We turn next to independent claim 22.  At the outset, we               
          make reference to our findings, supra, with respect to the                  
          teachings and suggestions of Creekmore and Bigari. Appellants               
          assert (brief, page 30) that claim 22 recites a computer                    
          implemented method which parallels claim 17, and relies on the              
          same arguments presented for claim 17.  In addition, appellants             
          recite the last limitation of claim 22 (brief, page 32), and                
          assert (brief, pages 32 and 33) that the subject matter referred            
          to is not taught by Bigari.  However, appellants provide no                 
          specific reasons in support of their assertion.  We observe that            
          the last limitation of claim 22, namely “‘wherein said customer             
          information response signal depends upon data stored in said                
          database indicating dollar amount of at least one prior purchase            
          associated with said unique customer identification,” is met by             
          the teachings of Creekmore and Bigari because the approval or               
          non-approval of a customer's check depends on data stored in the            
          database indicating the dollar amount of the check and whether              
          any money is due to the merchant for the prior purchase.                    
          Accordingly, the rejection of independent claim 22 under 35                 
          U.S.C. § 103(a) is affirmed.  As dependent claims 23-26 have not            
          been separately argued, they fall with independent claim 22.                









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