Ex Parte 5671364 et al - Page 2




                Appeal No. 2006-1874                                                                                                
                Reexamination Control No. 90/006,351                                                                                
                of units of the commodity is held for the account of one identified person.  For the apparatus                      
                invention, there is a computer system for processing accounting transactions denominated in                         
                units of the stored commodity; there is an account data storage device for recording data                           
                comprising an identification of persons and a quantity of units of the commodity credited to the                    
                account of each person and an identification of the deposit site; and there is a transaction data                   
                storage device for receiving records of transactions denominated in units of the stored                             
                commodity from a person having a credit in his or her associated account.  The transaction                          
                records include identification of a person who will receive a debit, a person who will receive a                    
                credit, an amount of the debit in units of the stored commodity, the amount of the credit in units                  
                of the stored commodity, and identification of the deposit site where the debited and credited                      
                quantities are held.  There is a transaction posting device for posting records of transactions to                  
                update the balance in each person’s account, and a remote terminal at the deposit site for sending                  
                and receiving data to the computer system, which data identifies a person and a quantity of units                   
                of the stored commodity held for an account of that person.  The system is said to permit the                       
                conducting of financial transactions without reliance on national currencies whereby obligations                    
                of a person receiving a debit to another person receiving a credit are extinguished upon posting                    
                of the records of transactions. The process invention includes steps corresponding to the                           
                functions carried out by the various elements of the apparatus invention.                                           
                       According to the patentee, the invention eliminates payment risks.   Relying on a                            
                declaration of co-inventor James J. Turk, the patentee in its appeal brief describes several types                  
                of payment risks associated with conventional non-asset-based instruments.  First, there is                         
                payment risk caused by fractional banking, which happens when banks keep on deposit only a                          
                fraction of the assets they are holding for the account of their depositors and lend out or invest                  
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