Ex Parte Lich et al - Page 5

            Appeal Number: 2006-2286                                                                       
            Application Number: 09/165,352                                                                 

                  As to automated notification, we again find the examiner is correct in that              
            Norris states at col. 7 lines 55 to 65, Norris states                                          
                  In an alternate embodiment, borrowers can apply for a loan using a                       
                  personal computer 34 and a modem 36 by contacting controller 10 via                      
                  telephone 12 through a communications link. Controller 10 will                           
                  interact using the monitor of computer 34 to prompt the borrower who                     
                  can type in the information needed and indicate responses to                             
                  controller 10 for the latter to obtain the credit report and process the                 
                  loan. The document can be received via modem 36 into computer 34,                        
                  printed using printer 37. The documentation can be returned to                           
                  controller 10 by facsimile 18 when the borrower is so equipped.                          

                  Such automated interaction is noted as being exemplary of notifying a user               
            to fulfill suspense conditions as claimed.  Therefore, we find the appellants’                 
            arguments to be unpersuasive.                                                                  
                  However, at this point we must part company with the examiner. As to the                 
            use of risk in pricing, the portion of Norris cited by the examiner at col. 8, lines 29-       
            47, states                                                                                     
                  If the loan can be granted, communications processor 30 (or controller                   
                  10 if the borrower is using a personal computer) will confirm the                        
                  amount that can be loaned, the monthly payment and the term of the                       
                  loan. The disclosures required under applicable consumer lending                         
                  laws and other documentation can be signed in ink or, in a kiosk,                        
                  using an electronic pen and then returned by facsimile, by electronic                    
                  data file transmission, or by overnight mail.                                            

                  The controller/processor 10 via the communication processor 30 will                      
                  review with the borrower the information relevant to the loan, such as                   
                  the account number to which the direct deposit will be made and the                      
                  name of the deposit institution, the account number and name of the                      
                  automatic withdrawal institution, the date of the month and the first                    
                  month the automatic withdrawal will begin, the address and payee if                      

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