Ex Parte Ramsey Catan - Page 3

                Appeal 2007-0820                                                                               
                Application 09/734,808                                                                         
           1          Claim 5 reads as follows:                                                                
           2          5.     A consumer electronics device, comprising                                         
           3                 a memory which stores account information for an account                          
           4          holder and sub-credit limits and bioauthentication information for                       
           5          authorized users of the account;                                                         
           6                 a bioauthentication device which provides bioauthentication                       
           7          information to the memory;                                                               
           8                 a communication link; and                                                         
           9                 a processor, which compares received bioauthentication                            
          10          information to stored bioauthentication information to detect a match,                   
          11          and finds an associated sub-credit limit corresponding to the received                   
          12          bioauthentication information, to enable a purchase over the response                    
          13          network via the communication network up to a maximum of the sub-                        
          14          credit limit, the processor sending the account holder information over                  
          15          the communication link only if the match is detected and the sub-                        
          16          credit limit is not exceeded.                                                            
          17                                                                                                   
          18                                       ISSUE                                                       
          19          The issue is whether Appellant has shown that the Examiner erred in                      
          20    holding the combination of Nakano’s consumer electronics device and                            
          21    Dethloff’s and Harada’s bioauthentication means would have rendered the                        
          22    subject matter of claim 5 obvious to one of ordinary skill in the art at the                   
          23    time of the invention.                                                                         
          24                                                                                                   
          25                                FINDINGS OF FACT                                                   
          26          The record supports the following findings of fact (FF) by a                             
          27    preponderance of the evidence.                                                                 
          28          1.     Claim 5 does not describe the “consumer electronics device” of                    
          29                 the preamble in terms that limit any function, including the                      
          30                 steps of bioauthenticating and determining whether a sub-credit                   
          31                 limit is exceeded, to a “local” processor.                                        

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