Ex Parte Vollkommer et al - Page 25



            Appeal No. 2006-2919                                                      Page 25               
            Application No. 10/291,955                                                                      

                   Therefore, we agree with the examiner that Houvener discloses (in at                     

            least one embodiment) locating stored biometric data based on data read                         

            from the first (i.e., credit card bar code) image.                                              

                   In response to appellants’ argument that biometric data is retrieved                     

            from a remote database, we note that appellants have previously argued                          

            that the biometric information of the instant invention “is not stored in the                   

            bar code, but is stored at some location …” [brief, page 8, emphasis added].                    

            We find that a remote database, as disclosed by Houvener (col. 6, line 53),                     

            is “some location” [id.]   We find that Houvener discloses a portable device                    

            in fig.  2 and Roustaei discloses a portable device in fig. 4.  We find that                    

            Houvener discloses an image processing unit (i.e., a bar code reader)                           

            reading encoded data (i.e., a bar code) in a first image [col. 5, lines 35-38].                 

            We further find that Houvener obtains a “second image” from a fingerprint                       

            scanner (col. 5, line 62) where a “derivative” (i.e., extracted portion) of the                 

            fingerprint image is obtained (in one embodiment) for transmission to the                       

            database for comparison with a stored biometric unit [col. 5, lines 67, col. 6,                 

            lines 1 and 2, lines 52-59].                                                                    

                   We agree with appellants that Houvener uses separate imaging                             

            devices (i.e., a fingerprint scanner, and a bar code reader) to capture both                    

            biometric and bar code data.  However, we note that the examiner relies                         

            upon Roustaei for its teaching of a single imager [answer, page 17].  We                        







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