Ex Parte 6697787 et al - Page 21



                 Appeal 2007-0518                                                                                        
                 Application 90/006,969                                                                                  
                        An issue raised by Simplification is whether Beamer describes that the                           
                 information collected from the tax data provider, e.g., bank, is “tax data.”                            
                 For the reasons that follow, the Examiner has failed to sufficiently establish                          
                 that Beamer describes that the information collected from the tax data                                  
                 provider, e.g., bank, is “tax data,” and therefore the rejection of all of the                          
                 claims 1-18 and 31-40 is reversed.                                                                      
                        In reviewing both the Examiner’s and Simplification’s arguments, it                              
                 appears that both agree that “tax data” is data that is used to determine a tax                         
                 payer’s liability (FFs 19 and 24), which is consistent with the Specification                           
                 description of tax data (FF 26).  The specification describes examples of “tax                          
                 data” as IRS Forms W-2 from their employers and IRS Forms 1099 from                                     
                 their banks (FF 26).  Simplification disagrees that Beamer describes that the                           
                 information obtained from the bank, e.g., tax data provider, is data that is                            
                 used to determine a taxpayer’s liability.                                                               
                        Simplification argues that the information obtained from the tax data                            
                 provider, e.g., the bank, is described as “salary data” and that “salary data”                          
                 does not indicate the net pay of the taxpayer, which is necessary to                                    
                 determine the taxpayer’s taxable income.  Specifically, Simplification argues                           
                 that the Beamer bank record indicates the salary of the taxpayer.                                       
                 Simplification further argues that the bank record salary entry is the net pay                          
                 of the taxpayer, and that the salary entry data would not include a taxpayer’s                          
                 taxable income, or tax liability (FF 24).                                                               
                        We understand Simplification to argue that the information contained                             
                 on a bank statement as described in Beamer would show a record of the                                   
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