Appeal No. 2004-1477
Application No. 09/507,183
The appellants also argue that the applied prior art
contains no teaching or suggestion for combining the references
in the manner proposed by the examiner. In particular, it is the
appellants’ contention that the applied references would not have
suggested providing Boesch’s system with the here claimed feature
concerning an exchange rate spread. As stated on page 4 of the
brief, the appellants contend that “[w]hat the relied-upon
section of Potter . . . teaches is adding a spread to a base
quote from a financial institution” and that “[i]t does not
discuss using the spread for any other reason, much less the one
set forth in claim 30.” This argument is without convincing
merit.
Boesch unquestionably teaches debiting funds from the
customer or transferor debit account using an exchange rate
between the customer and merchant currencies (e.g., see line 25
in column 8 through line 52 in column 9). Moreover, patentee
teaches that the frequency by which exchange rate data is updated
is a way to manage the risk of a significant change between the
current exchange rate and the exchange rate used when the
transaction is actually settled (e.g., see the paragraph bridging
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