Appeal No. 2005-2643
Reexamination Control No. 90/005,842
surcharge of 2 per
cent on all its
outstanding loans.
This surcharge
became payable
immediately by
borrowers as
additional interest;
the outstanding
debt was not,
however, written up.
Id. at 67-68.
Mukherjee fails to disclose the use of a data processor for servicing accounts.
The examiner relies on Musmanno for this teaching. Musmanno’s Figures 1A, 1B, and
2-4 depict, in flow-chart form,
a data processing implementation for a brokerage-cash management
financial system which provides for automatic investment of free credit
cash balances in short term investments which include an insured savings
account option; a full range of security brokerage transaction functions;
which permits consumer transaction (“charge”) card and check charges;
and which includes safeguards against abuses., e.g., check kiting.
Musmanno, col. 1, ll. 24-33. Appellant concedes that these flow charts represent
operations performed by a data processor. See Brief at 15-16 (“Musmanno . . . teaches
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