Appeal 2006-3331
Application 10/829,797
simultaneously taken and digitized and the combined data is transmitted to the
main system, which uses a check information database and a biometric database to
compare the transmitted data with data already on file (Finding of Fact 9). The
main system determines if the identification data of an authorized user on file
matches with the transmitted data from the customer at the point of sale and then
returns the results of the decision on approval to the point of sale (Finding of Fact
10). In particular, the main system checks to see that the fingerprint data is that of
an account owner authorized to use that account (Finding of Fact 11).
As such, McNeal discloses the method of claim 1. Specifically, McNeal’s
main system 12 establishes personal identification access information (a
fingerprint) for a checking account by creating the check information database and
the biometric database (Finding of Fact 9). McNeal’s fingerprint falls within the
definition of personal identification access information, because it is used to
authenticate that the account owner has access to the checking account (Finding of
Fact 11). McNeal’s verification system 10 transmits the checking account
information (collected via the check scanner by swiping the check) and the
personal identification access information (collected via the fingerprint recording
device and then digitized) over an electronic network (via phone line or data line)
from a first location (verification system 10 at the point of sale) to an independent
third party service provider (main system 12 remote from the point of sale)
(Findings of Fact 4-9). McNeal’s main system 12 qualifies as an independent third
party service provider because the system is clearly described as being independent
of the point of sale retailer and it provides a service to the retailer, i.e., verifying
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