Ex Parte Ingram et al - Page 6




          Appeal No. 2004-1477                                                        
          Application No. 09/507,183                                                  

          columns 8 and 9).  In this way, the Boesch system militates for             
          profit and against loss vis-à-vis the transaction approving                 
          entity.                                                                     
               Similar to Boesch, Potter discloses a system for performing            
          financial transactions involving foreign currencies which uses              
          foreign exchange rates (e.g., see the Abstract and lines 34-37 in           
          column 5).  Such transactions include the buying or selling of              
          currencies based on a spot rate wherein the rate quotation is               
          adjusted by predetermined criteria including a spread to be added           
          to the base quote at the financial institution’s discretion                 
          (e.g., see lines 44-67 in column 7).  We are convinced that an              
          artisan would have considered Potter’s aforenoted use of a spread           
          as a technique by which to militate for profit and against loss             
          to thereby manage risk vis-à-vis the financial institution.                 
               Under these circumstances, we conclude that the artisan                
          would have found it obvious to use Potter’s spread in relation to           
          Boesch’s exchange rate operation by which funds are debited from            
          the customer or transferor debit account.  In this way, Boesch’s            
          desire to manage risk to thereby maximize profit and minimize               
          loss would have been enhanced via a spread technique evinced by             
          Potter to have been known for this purpose in the prior art.  It            
          is our determination, therefore, that the examiner has                      

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