Ex Parte Calo et al - Page 19



             Appeal 2007-0394                                                                                    
             Application 09/769,036                                                                              
             the equity.  As such, the combination of Wagner, Hawkins, and Harada renders                        
             obvious the limitations of claim 8.                                                                 
                   Appellants argue claim 30 separately.  More specifically, Appellants contend                  
             that (1) Hawkins fails to disclose a second computerized system that “converts said                 
             first currency to said second currency to purchase said security or commodity”                      
             (Br. 19), and (2) “[o]ne of ordinary skill in the art would find no suggestion,                     
             motivation or reasonable expectation of success for a combination that satisfies the                
             claim limitations” because “Wagner, Hawkins, and Harada are disparate systems                       
             serving disparate purposes” (Br. 20).  We disagree.                                                 
                   We find Appellants’ contention that the combination fails to disclose a                       
             second computerized system that converts currency unpersuasive for the at least                     
             those reasons presented, supra, with regard to claim 26.  Furthermore, we find                      
             Appellants’ conculsory statement that one of ordinary skill in the art would not                    
             have a reasonable expectation of success in combining Wagner, Hawkins, and                          
             Harada because they are disparate systems serving disparate purposes                                
             unpersuasive.  Although Wagner, Hawkins, and Harada may each provide                                
             solutions to differing problems, they all relate to the processing of financial                     
             transactions using, for example, SWIFT messages.  Furthermore, there is no                          
             evidence, in the references themselves or provided by Appellants, to suggest that                   
             the systems of Wagner, Hawkins, and Harada are incapable of being combined.                         
             To the contrary, they each teach systems which are configured to transmit SWIFT                     
             messages.  Accordingly, it would have been within the skill of one of ordinary skill                
             in the art to combine the systems of Wagner, Hawkins, and Harada.  As such, we                      

                                                       19                                                        



Page:  Previous  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  Next

Last modified: September 9, 2013