Ex Parte Waters et al - Page 2



                   Appeal No. 2006-2241                                                                                           
                   Application No. 09/827,291                                                                                     

                                          a biometric data capture device for reading consumer biometric                          
                                  data; and                                                                                       
                                          a database server for generating a data storage key from the                            
                                  consumer biometric data received from the biometric data capture device                         
                                  and for retrieving a financial account data record corresponding to the                         
                                  generated data storage key.                                                                     
                                                           References                                                             
                   The references relied upon by the examiner are:                                                                
                   Pare et al. (Pare)    6,662,166  Dec.       9, 2003                                                            
                                                                        (effectively filed Aug. 29, 1996)                         
                   Musgrave       6,202,151  March 12, 2001                                                                       
                                                                                (filed Dec 31, 1997)                              
                   Additional reference we discuss:                                                                               
                   Pare et al. (Pare)     6,269,348        Jul. 31 2001                                                           
                                                                 (effectively filed August 29, 1996)                              
                                                       Rejection at Issue                                                         
                          Claims 1 through 4, 6 through 11 and 13 through 17 stand rejected under 35                              
                   U.S.C. § 103 (a) as being unpatentable over Pare in view of Musgrave, the examiner’s                           
                   rejection is set forth on pages 2 through 4 of the answer.  Throughout the opinion we                          
                   make reference to the briefs, the answer and the final Office action for the respective                        
                   details thereof.                                                                                               

                                                            Opinion                                                               
                          We have carefully considered the subject matter on appeal, the rejection advanced                       
                   by the examiner and the evidence of obviousness relied upon by the examiner as support                         
                   for the rejection.  We have, likewise, reviewed and taken into consideration, in reaching                      
                   our decision, appellants’ arguments set forth in the briefs along with the examiner’s                          
                   rationale in support of the rejection and arguments in rebuttal set forth in the examiner’s                    
                   answer.                                                                                                        


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