Appeal No. 2005-0823
Application No. 10/300,895 Page 50
exchanges and refund transactions have penalty information, as
applicable" we find that after the report is submitted, and
exchanges or refunds are subject to a penalty. Although this
portion of IAR does not state that the penalty is paid by the
customer (as opposed to being paid by the agency), we find from
both of these teachings of IAH that the penalty will be charged
by way of a debit memo. We therefore agree with the examiner
that claim 8 is suggested by the prior art. Accordingly, the
rejection of claim 8 and claim 44, which falls with claim 8 is
affirmed.
We turn next to claim 9. The claim recites that the debit
memo is for the full value of the ticket. The examiner's
position (answer, page 5) is that this is taught by IAH's
disclosure of the $306 void report amount. Appellant asserts
(brief, pages 21 and 22) that the words "debit memo" do not
appear in the portion of IAH relied upon by the examiner, and
that the $306 only reflects the sale amount of the original
ticket or the refund/add collect amount for the exchange or
refund. From our review of IAH, we agree with appellant's
interpretation of the voids Report, and find no evidence in the
record for the examiner's assertion that the $306 refers to a
penalty for change or voiding of a ticket. Accordingly, the
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