Appeal No. 2005-2744
Application No. 09/849,979
Claim 75 includes the limitation “the payment account associated with the
donor is directed to be debited at a time subsequent to an activation of a hyper-
link included in the transmitted electronic greeting card.” On pages 5 and 6 of
the answer, the examiner asserts “As expressly stated in Van Dusen ‘[w]hen the
recipient selects this hyperlink 30, the claim code is conveyed to the Web site …
and is used by the site to automatically identify and credit the recipient’s personal
account.’ (Col. 4, lines 15-20).” Appellants argue on page 11 of the reply brief,
that the examiner overlooks “the difference between debiting a donors account
and crediting a designated recipient’s account.” We concur with appellants. We
find that section of Van Dusen cited by the examiner teaches crediting of the
recipient’s account after activating the hyper-link, not debiting the donor’s
account after activation of the hyper-link. We do not find that Van Dusen teaches
debiting the donor’s account subsequent to activation of the hyper-link.
Accordingly we will not sustain the examiner’s rejection of claim 75 under 35
U.S.C. § 102 (e).
Claims 66 and 77.
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