Ex Parte Ogino - Page 6

                Appeal 2007-1672                                                                                
                Application 09/966,540                                                                          


                     information from the product server without providing an identification                    
                     of a user of the transaction device.                                                       

                       A. ISSUE                                                                                 
                       The issue is whether Appellant has shown error in the rejection.                         


                       B. FINDING OF FACTS                                                                      
                       The record supports the following findings of fact (FF) by a                             
                preponderance of the evidence.                                                                  
                1.     The Examiner found that                                                                  
                       … Buckley et al. clearly disclose a transaction device (figure 3E;                       
                       column/line 4/48-5/8) comprising a sensor module (e.g. barcode                           
                       reader) (column 5, lines 9-37; column 6, lines 12-19) and a                              
                       communication module (figures 4 and 5), that are configured to                           
                       receive (e.g. product information) (figure 9; column 8, lines 27-44)                     
                       and transmit data to servers (figures 4, 5, 8 and 9; column 9, lines 8-                  
                       64 or inherently DNS, caching, and/or proxy servers), respectively.                      
                       The device also receives data from servers based on the product                          
                       identification (figures 4, 5, 8 and 9; column 10, lines 14-65), makes                    
                       requests to purchase a product without providing an identifier of the                    
                       user (column/line 5/62-6/13), stores retrieved product data (figure 9;                   
                       column 10, lines 7-39; column/line 10/55-11/26).                                         
                (Answer 6).                                                                                     
                2.     Appellant did not dispute the Examiner’s characterization of what                        
                Buckley discloses.                                                                              



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