Appeal No. 2006-0395
Application No. 10/116,735
single prior art document describe every element of the claimed invention, either
expressly or inherently, such that a person of ordinary skill in the art could practice the
invention without undue experimentation. In re Paulsen, 30 F.3d 1475, 1478-79, 31
USPQ2d 1671, 1673 (Fed. Cir. 1994).
The examiner points to column 2, lines 6-26, of Moderi for a general teaching of
point-of-sale (POS) registers (see page 3 of the answer). Then, in applying the
reference specifically to independent claims 1, 16, and 21 the examiner points to
column 6, lines 39-51, of Moderi, with reasoning set forth at page 4 of the answer.
Appellants argue that claim 1 recites receiving a set of instructions at a
communications interface of a POS device and that this set of instructions is executable
by the POS device to reconfigure the POS device to enable access to a transaction
system configured to process transactions between a merchant and customers.
Appellants assert that these limitations of claim 1 are not disclosed in Moderi.
According to appellants, Moderi simply discloses a technique for re-programming
keys on a cash register (brief-page 5). Moreover, argue appellants, in contrast to
instant claim 1, the set of instructions loaded by the register of Moderi do not comprise
instructions which reconfigure a POS device to “enable access” to a transaction system.
Further, assert appellants, the cash register in Moderi is not reconfigured, as in instant
claim 1, and the re-programming of keys cannot be equated to the recitations of claim 1
of enabling access to a transaction system.
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