Appeal No. 2005-2744
Application No. 09/849,979
service provider, the credit card company, is instructed to credit funds to the
greeting card service’s deposit. Accordingly, we sustain the examiner’s rejection
of claims 67 and 78 under 35 U.S.C. § 102 (e).
Claims 68 and 79.
Claim 68 contains the limitation of “transmitting, via the network, the
generated electronic greeting card to an electronic greeting card service prior to
transmitting the electronic greeting card to the designated recipient.” Claim 79
contains similar limitations. Appellants argue, on page 14 of the reply brief, that
the examiner’s position that the donor generate the electronic greeting card and
forward it to the sponsoring merchant is contrary to the teachings of Van Dusen.
We concur with appellants. The examiner states, on page 7 of the answer, that a
person using Van Dusen’s system creates the electronic greeting card by filling
out the form shown in figure 1 and that this form is then forwarded to the
electronic greeting card service, amazon.com. We disagree with the examiner’s
rationale. Claim 68 depends upon claim 58, claim 58 recites steps of receiving a
request and processing the request to generate an electronic greeting card, i.e. a
request is made and transmitted to be processed. Claim 68 further identifies that
the processed electronic greeting card is transmitted to an electronic greeting
card service prior to transmission to the recipient. Initially, we consider that one
skilled in the art would consider the form in Van Dusen’s figure 2 to be used in
the requesting step and not the step of generating the electronic greeting card as
13
Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: November 3, 2007