Appeal Number: 2007-0126
Application Number: 09/970,910
the party obtaining such tickets as public-facility patrons, much as writing a check
to a public television station is sufficient to characterize a donor as a public
television patron. Therefore, we find the appellants’ arguments to be unpersuasive.
The appellants argue that the exchange in Nakfoor is not to public-facility
patrons.
The Appellants' invention is directed to a system and method for
issuing virtual tickets to public-facility patrons through virtual ticket
devices. The Appellants respectfully traverse the Examiner's
characterization of the secondary market purchasers of Nakfoor as
public-facility patrons. For the reasons described above, after the
secondary market purchasers of Nakfoor have entered the public
facility 100 (and have thereby become public-facility patrons), the
Nakfoor method is no longer operable. In other words, the Nakfoor
method is operable only for secondary market purchasers who have
not yet become public-facility patrons. The Nakfoor reference does
not disclose, suggest or even hint at the concept of issuing virtual
tickets to public-facility patrons (i.e., purchasers of tickets who have
physically entered the public facility 100).
(Br. 10).
The examiner responds to this argument in the same context as the previous
argument and we, similarly, agree with the examiner’s construction and conclusion
that the claim is sufficiently broad to encompass purchasers of public-facility
tickets. Therefore, we find the appellants’ arguments to be unpersuasive.
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