Ex Parte Waters et al - Page 6



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

                   ‘116, column 8, lines 10 through 19).  The data from these fingerprint sensors is                              
                   transmitted to a Data Processing Center (DPC) which use the data to identify the parties                       
                   to a transaction. (See Pare ‘348 column 9, lines 38 through 43, 60 through 64 or Pare                          
                   ‘166 column 9, lines 33 through 37 and 54 through 58).  The DPC contains an ID module                          
                   that can identify a person through several methods, biometric data and PIN, biometric                          
                   data alone and digital certificates.  (See Pare ‘348 column 11, lines 10 through 21 or Pare                    
                   ‘166, column 11, lines 6 through 19).  When using biometrics alone to identify a user the                      
                   ID module makes use of a database of biometric samples to find a match.  (See Pare ‘348,                       
                   column 11, lines 50 through 67 or Pare ‘166 Column 11 lines 47 through 64).  There is an                       
                   Account Selector Subsystem, which selects accounts based upon the party being                                  
                   identified. Some parties have several accounts; in the case of the party having only one                       
                   account, the account is automatically selected.  (See Pare ‘348 column 12, lines 43                            
                   through 51 or Pare ‘166, column 11, lines 39 through 47).  We find that, one skilled in                        
                   the art would recognize that the determined identity of the party is the key used to                           
                   determine the account.  Thus, we find that Pare teaches the claim limitations of “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.”                                                              
                          Appellants argue, on pages 10 through 13 of the brief, that the examiner’s                              
                   rejection does not provide motivation to modify Pare with Musgrave as asserted by the                          
                   examiner.  Specifically, on page 11 of the brief and page 4 of the reply brief, appellants                     
                   assert that the examiner’s stated reasons are based upon conclusory rationale.  Appellants                     
                   assert that the examiner’s cited reason for combining the references “enhancement of                           
                   security as well as accuracy as well as computational resources” is not sufficient as Pare                     
                   already purports to achieve these benefits.                                                                    






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