Appeal 2006-3331
Application 10/829,797
providers to verify check information for processing. In particular, Abecassis
discloses a deposit protection center 40 that processes inputs provided from
communications equipment 100, verifies credit-related information on that
equipment, and then processes and sends payment once the transaction has been
successfully completed (Finding of Fact 12). In one embodiment, the purchaser
uses a check to pay for the transaction (Finding of Fact 13). Communications
equipment 100 includes a personal computer/modem 102 and/or a touch tone
phone 103, where these devices are used to provide input and receive information
from the deposit protection center 40, such as information about the check
presented by the purchaser (Finding of Fact 14). Abecassis teaches that the deposit
protection center is under the control of an independent third party, i.e., unrelated
to either party to the transaction (Finding of Fact 15).
As such, we conclude that one having ordinary skill in the art at the time the
invention was made would have been led from the teaching of Abecassis of using
an independent third party service provider for check verification to modify the
system of McNeal to transmit checking account information and personal
identification access information over an electronic network to an independent
third party service provider for verification. See KSR, 127 S.Ct. at 1740, 82
USPQ2d at 1396 (the improvement is nothing more than the predictable use of
prior art elements according to their established functions). Further, it is common
sense that since a retailer’s customers do not all bank with the same financial
institution, there would be a market need for a data aggregator, i.e., an entity who
would maintain a universal database of checking account information and personal
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