Appeal No. 2007-1703 Page 3
Application No. 09/729,261
The invention is an electronic transaction card whose presence can be sensed
with an infrared light source. (Specification 1). To assure the card’s presence is
known to the device, the card is provided with an infrared filtering property. This
is accomplished by, for example, incorporating or embedding a dye in the card
core. (Specification 5, ll. 2-5, and 9).
All the claims (1-51) are finally rejected under 35 U.S.C. § 102(e) as being
anticipated by Lasch (U.S. Patent No. 6,581,839).
A. Issue
Appellant contends that Lasch does not anticipate the claimed invention
because it does not describe infrared material embedded in the transaction card
core. The Examiner disagrees, finding otherwise. The issue is whether the
Examiner erred in finding Lasch describes infrared material embedded in the
transaction card core.
B. Facts
The record supports the following findings of fact by a preponderance of the
evidence.
1. The Examiner provides an element-by-element analysis of the claims
showing where in Lasch each claim limitation is described. (Answer 3-4).
2. Appellant argues that Lasch fails to describe the element of embedding the
infrared filter material “within a supporting substance of said transaction card core
and incorporated as an integral part of said card core” as claimed. (Br. 7).
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Last modified: September 9, 2013