Ex Parte 5671364 et al - Page 6




                Appeal No. 2006-1874                                                                                                
                Reexamination Control No. 90/006,351                                                                                
                       Marks discloses an automatic ledger account maintenance system for use with a double                         
                entry bookkeeping or accounting system.  (Column 3, lines 56-58).  It provides an accounting                        
                system for performing double-entry recordkeeping tasks and providing information concerning                         
                the ledger accounts “of the entity whose accounts are maintained with the system” (Column 3,                        
                lines 28-31).  It is important to note that all of the ledger accounts involved in the double entry                 
                bookkeeping are those of the same entity using the automated account maintenance system,                            
                albeit that many entities may use the system.  We agree with the following description of Marks                     
                which appears on page 9 of the patent owner’s appeal brief:                                                         
                               Marks, U.S. Patent 5,117,356 discloses an automated accounting package                               
                       which uses traditional double entry bookkeeping in a software package, and                                   
                       which is provided with an authorization code control means to provide means for                              
                       tracking changes to data records and for prevent posting of data by unauthorized                             
                       personnel.  The Marks patent is intended for use as a bookkeeping system to be                               
                       used by a company to keep its accounts.  It does not provide any sort of vehicle                             
                       for executing a payment, much less a system for making a payment among                                       
                       account holding system members.  It does not disclose a system for remote access                             
                       where a user might connect to the system via a network to request a payment                                  
                       transaction to another person who has an account within the system.  The                                     
                       disclosure of Marks is concerned solely with creating and maintaining data                                   
                       records which comprise the general ledger and subledgers of a company.  It does                              
                       not disclose or suggest any payment system or any other system for transfer of                               
                       consideration between different entities.                                                                    
                       The examiner incorrectly found that Marks discloses creating a deposit account data file                     
                for each of a plurality of persons where each deposit account data file identifies a person.  The                   
                portions of Marks cited by the examiner are directed to the ledger and subledger accounts of the                    
                same entity.  Similarly, the examiner incorrectly found that Marks discloses entering transaction                   
                records including identification of a person who will receive a debit, a person who will receive a                  
                credit, and the amounts of such debit and credit.  The portions of Marks cited by the examiner                      
                are directed to the ledger and subledger accounts of the same entity.  Also, the examiner                           

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