Appeal No. 2006-2083
Reexamination Control No. 90/006,352
readily have been motivated to implement an electronic version of the silver certificate because
the silver certificate works as paper cash and Ohta implements an electronic version of paper
cash. As indicated by the examiner, the goals for implementing an electronic version of ordinary
paper cash, i.e., to take advantage of rapid and efficient money transfer made possible by
electronics, also apply to the silver certificate as cash.
On page 10 of patentee’s brief, it is argued that Ohta does not provide any direction on
how to design a system and method for payment. The argument is not accompanied by any
explanation and is not understood. It is manifestly evident and not subject to reasonable dispute
that Ohta provides all the disclosure necessary to implement a payment system using electronic
cash. We assume that what the patentee meant is that Ohta’s disclosure does not provide any
direction on how to design a system and method for payment using “commodity-based” cash.
The argument is misplaced and thus rejected. As is already explained above, whether or not the
underlying cash is backed by a stored inventory of valuable commodity does not affect the
electronic processing and record keeping aspects of Ohta’s teachings. The same electronic
processing and communications work whether or not the cash is a five dollar bill represented
electronically or a five dollar silver certificate represented electronically. Whether there is an
inventory of commodity stored at a secure facility to cover for the electronic cash has no impact
on the electronic operations in Ohta’s system. Ohta’s disclosure is more than sufficient to meet
the electronic aspects of the patentee’s claim 10.
Ohta’s electronic cash is created by a computer, which satisfies the creating means of
claim 1 when used to generate an electronic representation of a silver certificate. Ohta’s
electronic cash includes a digital signature for verifying the authenticity of the electronic cash, as
is required by claim 1. Ohta’s electronic cash is transmitted to a user through a communication
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