Ex Parte Burrows - Page 10



          Appeal No. 2004-2110                                                        
          Application No. 09/910,654                                                  


          agent coupon must be generated in Friedes which is governed by              
          regulations established by ARC.  There is no mention, however, of           
          a travel agent or agent coupon in Friedes.  Friedes appears to be           
          a smart card system for use directly with the airlines                      
          themselves.  Friedes specifically discloses that “[t]he traveler            
          need not go to a travel agency or airline office in order to                
          obtain the ticket” (column 7, lines 12-13).  Friedes also                   
          discloses that the smart card is verified by the flight                     
          attendant, who presumably works for the airlines, and that the              
          smart card system eliminates the need for a separate document or            
          piece of paper at the conclusion of the transaction (column 7,              
          lines 7-12).  Thus, the suggestion that Friedes somehow requires            
          an agent coupon is contrary to the very teachings set forth                 
          within the reference.  The premise for the examiner’s rejection             
          could only come from an improper attempt to reconstruct the                 
          claimed invention in hindsight.                                             
          Since we have not sustained the examiner’s rejection with                   
          respect to independent claims 1 and 15, we also do not sustain              
          the rejection with respect to any of the dependent claims.                  



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