Appeal Number: 2006-3073
Application Number: 10/033,151
lines 28-32. The examiner relies on Yu’s teaching of a cellular phone as an
internet terminal to apply a cellular phone’s subscriber identity to the linkage
taught by Filler. (Answer 3). We note that the examiner is correct in that Filler
relies on the user’s internet subscriber identification to link to a trading card.
Once the user has accessed the site, the user registers, e.g ., by filling
out a browser based form in which the user provides certain
information and inputs a unique user identification code as is
illustrated in steps 140-160. In the preferred embodiment this code
includes a username and a password. As depicted in step 170, the
user database 50 establishes a record for the user with all the
requested information, assigns a unique registration number to the
user, allocates a download directory to be used for all file downloads
to the user's computer system, and creates a keyfile. This information
may then be used to track all cards given or sold to the user
(p. 10 lines 9-21).
A person of ordinary skill in the art would, in applying Filler’s linkage to
trading cards within the context of Yu’s cellular phone as an internet terminal,
would have immediately envisaged using the very subscriber information that is
used to access the cellular network as the subscriber information that is used to link
Filler’s trading cards based on their commonality of usage as linking data.
Therefore, we find the appellants’ arguments to be unpersuasive.
Finally, the appellants argue that Yu is non-analogous art. (Br. 9). As we noted
above, Yu provides motivation for using a cellular phone for such a terminal
because, “[t]o provide mobility and portability of the internet, interactive two-way
communication mobile devices are introduced.” (col. 1 lines 34-36). Yu is
therefore directed to the same problem as the appellants’ invention in obtaining
images from the internet in a mobile and portable context, and is thus analogous
art. Therefore, we find the appellants’ arguments to be unpersuasive.
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