Ex Parte McGee et al - Page 2


                Appeal No. 2006-3400                                                                             
                Application No. 10/268,040                                                                       
                                                   Invention                                                     
                       The invention is directed to a method of activating discount                              
                instruments which are sold as part of a fundraiser.  Once activated the                          
                discount instrument allows the bearer to receive a discount from a merchant.                     
                Claim 1 is representative of the invention and reproduced below:                                 
                       1. A method for applying a discount to a transaction, the method                          
                       comprising:                                                                               
                             extracting, with a point-of-sale device, an identifier from a                       
                       discount instrument presented at a point of sale;                                         
                             transmitting the identifier from the point-of-sale device to a                      
                       host system that maintains a specification of one or more discount                        
                       instruments activated by the host system after sale of the one or more                    
                       discount instruments as part of a fundraising drive;                                      
                             receiving, with the point-of-sale device from the host system, a                    
                       validation for the presented discount instrument generated by                             
                       confirming that the presented discount instrument is one of the one or                    
                       more activated discount instruments; and                                                  
                             modifying the transaction, with the point-of-sale device, in                        
                       accordance with a discount arrangement associated with the presented                      
                       discount instrument.                                                                      

                                                  References                                                     
                             The references relied upon by the Examiner are:                                     
                       Nichtberger   US Re. 34,915  Apr. 25, 1995                                                
                       Thompson   US 5,865,470  Feb. 2, 1999                                                     
                       Barnett   US 6,336,099  Jan.  1, 2002                                                     
                                              Rejection at Issue                                                 
                       Claims 1 through 11, 13, 21 through 28, 30 through 39, and  41                            
                through 48 stand rejected under 35 U.S.C. § 103 (a) as being unpatentable                        


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