Ex Parte 6202052 et al - Page 10



                Appeal 2007-0712                                                                              
                Application 90/006,713                                                                        
                that the Specification does provide support for the electronic transmission of                
                data and software processing using the data, but argues that the Specification                
                fails to explain in detail how this is accomplished (Answer 36).                              
                      The rejection of Claims 1, 2, 6, 8-10, 14, 15, 17-20 and 29-36 as being                 
                anticipated by Beamer and “It’s W-2 Time”                                                     
                      15.  The Examiner relied on the “It’s W-2 Time” article for the                         
                purpose of showing “various characteristics of MacInTax that are deemed to                    
                be inherent to the version of MacInTax described in Beamer.”                                  
                      16.  Specifically, the Examiner relied on “It’s W-2 Time” to                            
                demonstrate that the MacInTax described in Beamer performs all tax                            
                calculations on the computer (Final Rejection 15-16 and Answer 9-10).                         
                      17.  The Examiner found that Beamer describes connecting                                
                electronically an electronic intermediary to a tax data provider and collecting               
                electronically tax data from the tax data provider (e.g., Final Rejection 16-17               
                and Answer 10-12).                                                                            
                      18.  Specifically, the Examiner found with respect to independent                       
                claims 1, 10, 31, 32, 34, 35, 37-40 (directing attention to Beamer ¶¶ 3, 4, 6,                
                15, 16, 23, and 26) that:                                                                     
                      The tax preparation software, e.g., MacInTax, can electronically                        
                      connect to and download relevant financial information from a                           
                      bank via a home accounting program, e.g., Dollars & Sense.                              
                      This downloaded information is used to assist in completing                             
                      one’s tax return.  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                         

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