Ex Parte Cocco - Page 2



            Appeal No. 2007-1703                                                   Page 2                    
            Application No. 09/729,261                                                                       

                   We AFFIRM.                                                                                
                   Appellant, in the Brief1, argues the claims as a group.2  Pursuant to the rules,          
            the Board selects representative claim 1 to decide the appeal.  37 C.F.R. §                      
            41.37(c)(1)(vii) (2004).  Accordingly, all the claims stand or fall with claim 1.                
                   Claim 1 reads as follows:                                                                 
                   1.    A transaction card for use with a transaction card sensing device,                  
                   comprising:                                                                               
                         a transaction card core of a material capable of passing at least some              
                   wavelengths of visible light;                                                             
                         front and back overlaminants of a material also capable of passing at               
                   least some wavelengths of visible light applied to the transaction card core;             
                   and                                                                                       
                         an infrared filter provided to at least one of the transaction card core,           
                   the front overlaminant, and the back overlaminant which is capable of                     
                   passing at least some wavelengths of visible light while preventing passage               
                   of infrared light in a predetermined range of wavelengths emitted by an                   
                   infrared light source of the transaction card sensing device, wherein said                
                   infrared filter further comprises an infrared filter material that is embedded            
                   within a supporting substance of said transaction card core and incorporated              
                   as an integral part of said transaction card core.                                        



                                                                                                            
            1 Our decision will make reference to Appellant’s Appeal Brief (“Br.,” filed 17                  
            July 2006) and to the Examiner’s Answer (“Answer,” mailed 17 November 2006).                     
            2 The discussion in the Brief with respect to claims 9-11, 20-31, and 33-50 merely               
            points out what the claims recite. (Br. 8-9).  “A statement which merely points out              
            what a claim recites will not be considered an argument for separate patentability               
            of the claim.”  37 C.F.R. § 41.37(c)(1)(vii) (2004).                                             





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