Appeal No. 2006-0395
Application No. 10/116,735
network.
The term “transaction” appears to be defined at page 6 of the instant
specification as
including credit transactions, debit transactions, check transactions,
money-transfer transactions, money-order sales, bill payments,
management of customer-loyalty programs, issuance of coupons,
acceptance of coupons, issuance of stored value cards, fraud detection
associated with a variety of transaction types, and other such functions.
Accordingly, it would appear that the claimed “transaction system” must include
at least a “system” which is capable of performing the listed “transactions.” We find no
such “system” for performing these “transactions” in Moderi and conclude that the
examiner’s finding of a “transaction system” in Moderi, in the normal business
transaction of purchasing a product, is unreasonable.
If the examiner’s interpretation is to be adopted, it would appear incongruous to
say that the normal business transaction of purchasing a product is a “transaction
system” and, at the same time, conclude that this “transaction system” is accessible by
the POS device via a communication network since it has no meaning to say that some
non-physical, ephemeral, business transaction is something that can be “accessed,” as
required by the instant claims.
Moreover, one might say that reprogramming the keys in the POS device of
Moderi is a reconfiguration of the POS device, but
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Last modified: November 3, 2007