Appeal No. 2006-1123
Application No. 09/766,934
Claims 1-4 and 16-20 stand rejected under 35 U.S.C. § 102(e) as being unpatentable
as anticipated under Ensel
Claims 1-4 and 16-20 are argued collectively as a group by Appellant and
accordingly we select independent claim 1 as a representative claim and will address
Appellant’s arguments for this group to claim 1.
Appellant argues that Ensel does not teach or suggest the creation of bill content.
(See brief at page 3 and again on page 4.)
Ensel states in col. 13, lines 27-53:
With respect to the Summary 210 and E-Bill 215 data files, BAP system
200 is capable of performing the following functions: storing a
predetermined amount (e.g., thirteen months) of bill data history for each
biller 5; accepting manual entry/update of bill data and producing an audit
trail; receiving, editing and uploading legacy billing data files from
biller 5; sending and receiving summary data; producing audit trails
of all addition, change, and delete activity on files 210 and 215;
extracting, reformatting, and transmitting billing data files;
performing custom analysis of bill data and producing reports; and
providing expandability for anticipated growth of bill and non-bill
data (e.g., marketing inserts 60). With respect to the marketing inserts
60 contained in file 235, the BAP 200 can: receive and store a
predetermined amount (e.g., thirteen months) of insert history; receive,
store and execute the logic required for developing and executing the
conditional targeting associated with the marketing inserts 60; track a wide
variety of access statistics (e.g., number read by customers 80, number
responded to, types of customers 80 who responded . . . ); online
processing of responses from customers 80 (e.g., "I want to buy that
luggage, please debit my account and send it to . . . "); and certification
that an insert was read (for regulatory purposes among others). Armed
with all of the above, the BAP 200 is capable of creating an electronic
bill. (Emphasis added).
We note that these activities necessarily embrace the creation of bill content.
Therefore we conclude that Ensel does teach the creation of bill content.
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