Ex Parte Ogino - Page 11

                Appeal 2007-1672                                                                                
                Application 09/966,540                                                                          


                       E. CONCLUSION OF LAW                                                                     
                       For the foregoing reasons, we affirm the rejection of claims 1-4, 6-11,                  
                13, 14, and 26 under 35 U.S.C. § 102(e) over Buckley.                                           
                Claims 5 and 12 under 35 U.S.C. § 103(a) over Buckley in view of Ausems.                        
                Claims 15, 17, 18, 20-25, 27, and 29 under 35 U.S.C. § 103(a) over Buckley                      
                in view of Walker.                                                                              
                Claims 16, 19, and 28 under 35 U.S.C. § 103(a) over Buckley and Walker in                       
                view of Peckover.                                                                               
                       The Appeal Brief addresses these rejections but argues in support of                     
                the patentability of claims 5, 12, 15-25, 27- and 29 for the same reason used                   
                in support of the patentability of claims 1-4, 6-11, 13, 14, and 26, namely                     
                that the prior art fails to show a device which does not reveal the user’s                      
                identity (Appeal Br. 4-5).  Since we have found that Appellant has failed to                    
                show that the Examiner erred in rejecting claims 1-4, 6-11, 13, 14, and 26                      
                under 35 U.S.C. §102(e) over Buckley on the ground that Appellant did not                       
                show that one of ordinary skill would not read Buckley as disclosing a                          
                transaction device comprising a communication module configured not to                          
                provide the identification of a user, we likewise find that Appellant has                       
                failed to show that the Examiner erred in rejecting claims 5 and 12;  15, 17,                   
                18, 20-25, 27, and 29; and, 16, 19, and 28, under  35 U.S.C. § 103(a) over                      
                Buckley in view of Ausems, Walker and Peckover, respectively.                                   
                       No other arguments having been made, we affirm the rejections under                      
                35 U.S.C. § 103(a).                                                                             




                                                      11                                                        

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: September 9, 2013