Appeal 2007-1554
Application 10/844,387
ANALYSIS
The Examiner rejected the claims holding that a person having ordinary skill
in the art would have found it obvious to use the third party digital receipt agent for
electronic transactions disclosed by Ginter in the method of conducting electronic
commerce transactions carried out by Robinson.
The Examiner found that using a trusted third party, such as taught by
Ginter, to ensure that neither party to the transaction commits fraud in Robinson's
two party receipt transaction verification method to be within the level of ordinary
skill in the art, and that one skilled in the art would have known to use the trusted
third party agent of Ginter with its attendant encryption mechanisms as part of the
transaction process in Robinson (Final Office Action 4 (mailed Feb. 27, 2006)).
We accept the Examiner’s use of Ginter to modify Robinson under 35
U.S.C. § 103(a), but rely on Ginter in a way different from that proposed by the
Examiner in the Final Office Action.
We will thus affirm the Examiner’s rejection of claims 34-50 under 35
U.S.C. § 103(a), but use a different analysis. Since our application of the
references differs from that of the Examiner, our affirmance is designated as a new
rejection. 37 CFR § 41.50(b) (2006).
Thus, our affirmance is of the Examiner's rejection under 35 U.S.C. § 103(a)
based on the combined disclosures of Robinson in view of Ginter.
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