Ex Parte Vollkommer et al - Page 23



            Appeal No. 2006-2919                                                      Page 23               
            Application No. 10/291,955                                                                      

            page 24].  The examiner asserts that a facial image is one type of biometric                    

            access authority information [id.]. The examiner notes that Houvener further                    

            teaches using an ID to retrieve stored biometric data where, in one                             

            embodiment, the stored biometric data can then be compared at the remote                        

            site as taught at col. 6, lines 52-59 [id.]. The examiner notes that in another                 

            embodiment, the stored biometric data is first compared at the server and                       

            then sent to the portable device and displayed for a store clerk who is                         

            located at the portable device to make comparison for verification, as taught                   

            at col. 10, lines 43-47 [id.].  The examiner asserts that the processor that                    

            renders both captured and stored biometric data is the processor for                            

            comparing the extracted data of the second image to stored biometric data                       

            for the person [id.].                                                                           

                   In the reply brief, appellants assert that Houvener describes a system                   

            in which various peripheral devices are utilized to accomplish specific                         

            functions rather than a single portable device [reply brief, page 9].                           

            Appellants assert that in Houvener’s system, biometric data is retrieved from                   

            a remote database using a system user ID, which is not read by the bar                          

            code reader (Houvener, col. 6, lines 52-59) [id.].  Appellants conclude that                    

            Houvener’s biometric data is not located based on the data read from the                        

            first image [id.].  Appellants further assert that Houvener does not teach nor                  









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