Ex Parte Crawford et al - Page 5

                  Appeal 2006-2429                                                                                             
                  Application 09/999,580                                                                                       

             1                                    FINDINGS OF FACT                                                             
             2                   We find that the following enumerated findings are supported                                  
             3    by at least a preponderance of the evidence.  Ethicon, Inc. v. Quigg, 849                                    
             4    F.2d 1422, 1427, 7 USPQ2d 1152, 1156 (Fed. Cir. 1988) (explaining the                                        
             5    general evidentiary standard for proceedings before the Office).                                             
             6            1.         Appellant invented a method of dynamic credit                                             
             7                       management, and in particular, a method of financial                                      
             8                       evaluation of at least one financial instrument or entity.                                
             9                       (Specification 1).  Credit cost C is the credit cost of the                               
            10                       party. (Specification 15).  Credit cost C may be based on                                 
            11                       market data, counterparty credit quality data, or both.                                   
            12                       (Specification 16).  Maximum exposure risk M may be                                       
            13                       defined in terms of potential financial loss (e.g., a default on                          
            14                       one or more debt instruments) of the counterparty that the                                
            15                       party is willing to bear.  (Specification 16).                                            
            16            2.         “[T]he present invention relates to improved methods and                                  
            17                       apparatus for a transaction-based risk prediction system that                             
            18                       advantageously assess the financial risk level associated                                 
            19                       with an account and/or an account holder based on the                                     
            20                       account holder's transaction pattern and/or transactions                                  
            21                       pertaining to that account holder across multiple accounts                                
            22                       and/or account issuers.”  (Basch, col. 1, ll. 14-21).                                     
            23            3.         “To facilitate the management of accounts, account issuers                                
            24                       may employ scores developed by credit bureaus. These                                      
            25                       scores may, for example, be utilized to assist in some                                    
            26                       aspects of account management, e.g., in the account issuer's                              
            27                       decision to increase or decrease the current limit.”  (Basch,                             
            28                       col. 1, ll. 63-66).                                                                       
            29            4.         “The invention relates, in one embodiment, to a computer-                                 
            30                       implemented method for predicting financial risk, which                                   
            31                       includes receiving transaction data pertaining to a plurality                             
            32                       of transactions for a financial account, the transaction data                             
            33                       including one of a transaction type and a transaction amount                              
            34                       for each of the plurality of transactions.  The method further                            
            35                       includes scoring the transaction data, including a transaction                            

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