Appeal 2007-0518
Application 90/006,969
The Examiner argues that:
Completion of an IRS tax form is expressly disclosed by
Beamer; therefore, by using data downloaded from a bank to
complete the IRS tax form, said data qualifies as tax data since
it provides information that is required to complete one’s tax
return (FF 25).
The Examiner has failed to show that Beamer contemplates “using
data downloaded from a bank to complete the IRS tax form” as argued. The
Examiner places much emphasis on the following passage in Beamer to
support the assertion that Beamer describes “tax data” e.g., data that can be
used to complete a tax form.
Moneyline allows you to communicate directly with your
bank’s computer system. Many transactions can be directly fed
by the bank’s computer into Dollar & Sense accounts. This
reduces the drudgery of retyping data, increases accuracy and
gives convenient access to bank information at any time, not
just when the statement arrives. (Beamer ¶26).
The references to “bank records” and “statement” from the above
passage are not specific as to the type of data that is contained on the bank
record or statement. The only reference to the type of data that may be
contained on the record or statement is that of the money that is deposited
into the Smithwick’s bank account from their employer as previously
discussed. The Examiner has also failed to demonstrate that the data
collected from the bank must necessarily or inherently be tax data as argued
(FF 25).
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