Ex Parte 6697787 et al - Page 25



                 Appeal 2007-0518                                                                                        
                 Application 90/006,969                                                                                  
                        Beamer focuses on tax preparation.  However, Beamer also focuses in                              
                 detail on home accounting software too.  There is approximately a full page                             
                 of the three page article describing the general advantages of using a home                             
                 accounting software program.  Within that description is the above                                      
                 paragraph that discusses the link between Moneyline and a home accounting                               
                 software program.  The downloaded bank information is to the home                                       
                 accounting or personal financial software, not directly to the MacInTax or                              
                 tax software.  As described in Beamer, home accounting software such as                                 
                 the Dollars & Sense software tracks data that is otherwise not relevant to a                            
                 tax payer’s tax liability.  For example, direct deposit data, e.g., the amount of                       
                 money that is deposited from an employer into an employee’s bank account                                
                 may be useful in the context of home accounting software, for the purpose of                            
                 budgeting and paying one’s bills, but is not the type of data that a tax payer                          
                 uses to determine tax liability as already discussed. The home accounting                               
                 software of Beamer tracks data that would appear to have nothing to do with                             
                 a tax payer’s tax liability.  For example, Beamer describes manipulating the                            
                 home accounting software files in preparation for determining tax liability.                            
                 Beamer states that “[a]t tax time it is necessary to review all transactions one                        
                 by one, making sure that each is in the correct category and correctly marked                           
                 as taxable or nontaxable” (FF 23).  That statement supports the notion that                             
                 data collected through the home accounting software such as Dollars &                                   
                 Sense is not limited to tax data.  Here, the Examiner has failed to sufficiently                        
                 demonstrate that the data obtained from the bank is anything more than                                  
                 information that a taxpayer would use for household budgeting purposes,                                 
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