Appeal No. 2005-2744
Application No. 09/849,979
greeting card service’s deposit account. We find that Van Dusen teaches that
once the order has been paid for the web site sends the email message with the
gift certificate. See column 3, lines 60-62. Further, we note that Van Dusen
teaches that the donor can pay by credit card. See column 3, line 59. We
consider the credit transaction necessarily requires debiting of a donor’s credit
card and crediting of the electronic greeting card service’s (i.e. Amazon.com)
account. Thus, we find that Van Dusen teaches that the e-mail message is not
sent until after the electronic greeting card service’s deposit account is credited
and that Van Dusen teaches the limitations of claim 59. However, as our
interpretation of claims 59 and 70 and our application of Van Dusen differs from
the examiner’s rejection, we designate this as a new grounds of rejection for
claims 59 and 70.
Claims 60 through 62 and 71 through 73.
Appellants argue on page 18 of the brief and pages 23 through 25 of the
reply brief, that the examiner has not shown that one would be motivated to
modify Van Dusen to make deposits in deposit accounts at financial intuitions.
On page 25 of the reply brief, appellants argue that modifying Van Dusen to
credit a deposit account in another institution would violate one of Van Duesn’s
principles that ensures that the gift certificate amount must be spent on
purchases from the sponsoring merchant.
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