Ex Parte Shmueli et al - Page 3




             Appeal No. 2006-0989                                                                                     
             Application No. 09/802,634                                                                               

                    The claims stand rejected under 35 U.S.C. § 103 as follows: claims 1, 3-6, 9-13,                  
             15-18, 21 and 23-26 over O’Leary in view of Rallis, and claims 2, 7, 14, 19, 22 and 27                   
             over O’Leary in view of Rallis, de la Huerga and official notice.                                        
                                                      OPINION                                                         
                    We reverse the aforementioned rejections.  We need to address only the                            
             independent claims, i.e., claims 1, 13 and 21.1  Claim 1 requires a portable device                      
             having a body with a memory therein containing financial account information.  Claim 13                  
             requires a computer readable medium including software comprising instructions for a                     
             host computing device to fill in financial account fields with financial account information             
             stored on a portable device.  Claim 21 requires the step of filling in financial account                 
             fields with financial account information stored on a portable device.                                   
                    The examiner argues that O’Leary discloses at column 9, lines 15-20 that the                      
             contents of a wallet including financial information are downloaded to portable devices                  
             such as personal digital assistants and cellular telephones, and that O’Leary fills in a                 
             form using the information from the wallet (answer, page 9).                                             


                                                                                                                     
                    1 The examiner does not rely upon de le Huerga or official notice to remedy the                   
             deficiency in O’Leary and Rallis as to the independent claims.                                           






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