Ex Parte Calo et al - Page 5



             Appeal 2007-0394                                                                                    
             Application 09/769,036                                                                              
                   2) Whether Appellants have shown that the Examiner erred in rejecting                         
             claims 8, 12, and 30 under 35 U.S.C. § 103(a) as unpatentable over Wagner,                          
             Hawkins, and Harada.                                                                                
                   3) Whether Appellants have shown that the Examiner erred in rejecting                         
             claims 21, 22, 24, and 25 under 35 U.S.C. § 103(a) as unpatentable over Hawkins                     
             and Harada.                                                                                         

                                            FINDINGS OF FACT                                                     
                   The relevant facts are:                                                                       
                   1. Electronically transmitting proceeds, as is customarily understood in                      
             the financial arts, refers to any one of a number of methods of transferring funds                  
             from one entity to another where no cash or check is involved, for example, wire                    
             transfers, and electronic funds transfers (EFTs).  Generally, the process involves                  
             the sending bank transmitting a secure message via a secure system, such as                         
             SWIFT or Fedwire, to the receiving institution requesting that they effect payment                  
             in accordance with the instructions given.  The institutions involved generally must                
             either hold reciprocal accounts with each other, or utilize intermediary institutions               
             which hold such accounts. See for example, Comptroller of the Currency, Payment                     
             Systems and Funds Transfer Activities, Narrative and Procedures, Comptroller’s                      
             Handbook, pp. 1-4, March 19902.                                                                     



                                                                                                                
             2 http://www.occ.treas.gov/handbook/paymentsys1.pdf                                                 
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