Appeal No. 2006-2241
Application No. 09/827,291
and 7 is improper for the same reasons as discussed with respect to claim 1. Accordingly
we also sustain the examiner’s rejection of claims 2, 6 through 11 and 13 through 15.
Rejection of claims 3 and 4
On pages 22 through 24 of the brief, appellants argue that the examiner
misconstrued the limitations of claim 3. Appellants assert, on page 24 of the brief, that
the scope of claim 3 is such that “the identifier for the financial account includes nothing
more than the obtained biometric data.” Appellants argue that Pare does not teach direct
retrieval of the financial information from the biometric data.
We are not persuaded by appellants’ argument. Claim 3 recites “ a system for
supporting consumer access to a financial account by means of biometric data solely”
including a “payment device for sending said captured biometric data to a merchant
payment host as the identifier of the consumer’s financial data.” As discussed supra Pare
teaches that a party can be identified in several manners including biometric data alone,
and that when the party has registered only one account, the one account is automatically
selected (as opposed to more then one account which requires additional user input to
select the appropriate account). Thus, we find that Pare does teach accessing account
information solely using biometric data.
On page 25 of the brief, appellants group claim 4 with claim 3. Accordingly, we
also sustain the examiner’s rejection of claim 4.
Rejection of claims 16 and 17.
Appellants argue, on page 27 of the brief:
[C]laim 16 recites that the data storage key is further based upon the name of the
customer. The examiner alleges that this additional limitation is disclosed in
Pare. (Office Action at page 6). The examiner has failed, however, to identify
any portion of Pare which discusses the use of a consumer’s name to generate a
data storage key. Additionally, the Appellants have searched Pare and found no
such teaching, disclosure or suggestion.
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