Appeal No. 2005-2744
Application No. 09/849,979
Appellants argue, on pages 13 of the reply brief:
[T]he examiner has failed to identify any teaching or suggestion within Van
Dusen (and it is respectfully submitted that there is none) of an electronic
greeting card service [i.e. a particular type of first entity] receiving the
request, generating the electronic greeting including the notification of the
monetary gift, and (iii) transmitting the generated electronic greeting to the
designated recipient, and also of a payment service [i.e. a particular type
of second entity and not the electronic greeting card service] directing the
crediting the gift amount to the deposit account.
We disagree with appellants. As stated supra with respect to claim 58, we
find that Van Dusen does teach the generation of electronic greeting card with
the notification of a monetary gift. We consider the entity, Amazon.com, which
generates the electronic greeting card to meet the claimed “electronic greeting
card service.” Further, we note that claim 58, recites the limitation “crediting of
funds equal to the monetary gift amount to a deposit account.” Claim 58 does
not identify if the beneficiary of the deposit account is the donor, recipient or
electronic greeting card service. Claim 67 adds the limitation “crediting of funds
is directed by a payment service provider” thus identifying that the funds are
credited by a fourth entity (a payment service provider). Thus, we consider the
scope of claim 67 to be broad and include crediting funds by a payment service
provider into a deposit account of either the recipient or the electronic greeting
card service. We find that Van Dusen teaches that the donor can pay for the gift
certificate by credit card. See column 3, lines 57 through 60. We consider the
credit transaction necessarily requires debiting a donor’s credit card and crediting
of the merchant’s account. Thus, we find Van Dusen teaches that a payment
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