Appeal No. 2006-0986
Application No. 09/745,818
disclose that in principle, products can be coded with binary codes
stored in a chip, and disclose a scanner readout station. Those
portions do not disclose that the chip contains either information
for identifying the payment status of the product or a component
for executing an update of the payment status of the product.
The examiner argues that Brookner discloses, in the abstract
and at page 2, line 19 to page 3, line 7, a method and system for
generating indicia indicative of payment comprising a component for
initiating update of the payment status in a contactless label
(answer, page 7). Those portions of Brookner disclose using a
label device to print indicia on a label, but do not disclose that
the label includes a component for initiating update of payment
status.
The examiner argues that the indicia on Brookner’s label can
be used to update the payment status by scanning the label (answer,
page 8). The examiner, however, has not shown that Brookner
discloses that the indicia can be used to update the payment status
of the product, or that the indicia inherently have that
characteristic. The examiner’s mere speculation to that effect is
not sufficient. See In re Warner, 379 F.2d 1011, 1017, 154 USPQ
173, 178 (CCPA 1967), cert. denied, 389 U.S. 1057 (1968); In re
Sporck, 301 F.2d 686, 690, 133 USPQ 360, 364 (CCPA 1962).
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