Appeal No. 2006-1874
Reexamination Control No. 90/006,351
identified in the record, it is one piece of information that a potential reader of the record need
not have memorized or further inquire and investigate. On the other hand, the location of the
deposit site may not be information that should be made so readily accessible, if compromising
security is of substantial concern. The choice is within the discretion of one with ordinary skill
in the art to make, depending on the circumstance. Note that the person with ordinary skill in the
art is presumed to be skilled. See In re Sovish, 769 F.2d 738, 743, 226 USPQ 771, 774 (Fed.
Cir. 1985) (“[Applicant’s] argument presumes stupidity rather than skill”). A conclusion of
obviousness may be made “from common knowledge and common sense of the person of
ordinary skill in the art without any specific hint or suggestion in a particular reference”. In re
Bozek, 416 F.2d 1385, 1390, 163 USPQ 545, 549 (CCPA 1969).
Claim 13 recites a step of posting the transaction records to debit and credit the
respective accounts to update the information regarding the number of units of the commodity
held in the accounts of each person involved in the transaction. Given that it is admitted prior art
that in a payment transaction from one account to another within the same institution or network
there is 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 post the transaction records to carry out the transfer. The
level of ordinary skill in the art is reflected by Marks and U.S. Patent No. 5,453,601.
Claim 13 further recites:
said method permitting persons to conduct financial transactions without reliance
on national currencies in conducting said financial transactions whereby
obligations, of a person receiving a said debit of said units of said commodity
held at a deposit site, to another person receiving a said credit of said units of said
commodity held at a said deposit site, are extinguished upon posting of said
records of transactions, thereby eliminating payment risk.
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