Ex Parte 5671364 et al - Page 1






                               UNITED STATES PATENT AND TRADEMARK OFFICE                                                            
                                                      __________________                                                            
                                        BEFORE THE BOARD OF PATENT APPEALS                                                          
                                                     AND INTERFERENCES                                                              
                                                      __________________                                                            
                                                    Ex parte JAMES J. TURK                                                          
                                                      Appeal No. 2006-1874                                                          
                                                       Patent No. 5,671,364                                                         
                                          (Reexamination Control Number 90/006,351)                                                 
                                                      __________                                                                    
                                                     HEARD August 7, 2006                                                           
                                                           ___________                                                              
                                                                                                                                   
                Before BARRETT, LEE and MEDLEY, Administrative Patent Judges.                                                       
                LEE, Administrative Patent Judge.                                                                                   
                                                    DECISION ON APPEAL                                                              
                       This is a decision on appeal under 35 U.S.C. ' 134 and ' 306 from the examiner=s final                       
                rejection of the patentee=s claims 1-16.  Oral argument was heard on August 7, 2006.                                
                                              References relied on by the examiner                                                  
                Marks (“Marks”)  5,117,356   May 26, 1992                                                                           
                United States Gold Certificate (“Gold Certificate”)   September 1, 1882                                             
                                                     The rejection on appeal                                                        
                       Claims 1-16 stand rejected under 35 U.S.C. ' 103 as being unpatentable over the Gold                         
                Certificate and Marks.                                                                                              
                                                          The Invention                                                             
                       The invention is directed to a system and method for conducting financial transactions in                    
                units of a stored commodity.  There is a deposit site having secure facilities for storage of a                     
                commodity.  An inventory of a valuable commodity is stored at the secure facility and a quantity                    





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