Ex Parte 5671364 et al - Page 10




                Appeal No. 2006-1874                                                                                                
                Reexamination Control No. 90/006,351                                                                                
                network there is first a proposed debit to one account and a corresponding proposed credit to                       
                another account, and then a subsequent posting to reflect the results of the debiting and crediting,                
                it would have been obvious to one with ordinary skill in the art to do so in a system set up just                   
                the same as that provided by the federal reserve, and to provide transaction records for the                        
                proposed debiting and crediting as claimed.  The records would have been desirable for purposes                     
                of auditing and making sure that the correct amount of the commodity was transferred or that the                    
                correct payment was made.  We further take official notice that the federal reserve keeps                           
                transaction records of the amount of gold to be debited from one account and credited to another                    
                account as well as the identity of the accounts.                                                                    
                       As for the record’s including the identity of the deposit site, based on the level of                        
                ordinary skill in the art,1 as is reflected by the prior art references Marks and U.S. Patent No.                   
                5,453,601,2 we find that whether or not the transaction record includes a reference to the location                 
                of the deposit site is matter of ordinary selection for the person of ordinary skill in the art.  Marks             
                reveals that one with ordinary skill would have known track accounting records on transactions,                     
                e.g., account number and name, transaction date and amount (Marks, Column 11, lines 21-30).                         
                In the context of a transaction requiring physical transfer of real gold in a secure storage facility,              
                the location of the deposit site where the gold is held and the transfer takes place would be                       
                readily recognized as a pertinent information to record.  If the location of the deposit site is                    
                                                                                                                                   
                1      The level of ordinary skill in the art is evidenced by the references.  See In re Oelrich, 579 F.2d 86, 91,  
                198 USPQ 210, 214 (CCPA 1978) ("the PTO usually must evaluate both the scope and content of the prior art and       
                the level of ordinary skill solely on the cold words of the literature"); In re GPAC Inc., 57 F.3d 1573, 1579,      
                35 USPQ2d 1116, 1121 (Fed. Cir. 1995) (the Board did not err in adopting the approach that the level of skill in the
                art was best determined by the references of record); Okajima v. Bourdeau, 261 F.3d 1350, 1355, 59 USPQ2d 1795,     
                1797 (Fed. Cir. 2001) ("[T]he absence of specific findings on the level of skill in the art does not give rise to   
                reversible error 'where the prior art itself reflects an appropriate level and a need for testimony is not shown.'").
                2      On August 13, 2006, in response to an order from the board for the patent owner to identify the closest prior art
                in the record the patent owner sent in a response specifically identifying a single reference, U.S. Patent No.      
                5,453,601, filed November 15, 1991.                                                                                 
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