Ex Parte Monk - Page 7

           Appeal 2007-2451                                                                       
           Application 10/694,925                                                                 

       1      Thus, the issue pertinent to this appeal is whether the rejection of claims 1-7     
       2   under 35 U.S.C. § 103(a) as obvious over Blossom, Cameron, and Melchione is            
       3   proper.  This issue turns on whether one of ordinary skill would have applied          
       4   Cameron’s automated payment allocation across multiple accounts to the multiple        
       5   accounts on Blossom’s card, and on the amount of patentable weight afforded to         
       6   the limitation that a past structural limitation of linkage between accounts and the   
       7   card were contemporaneous, and to the degree such weight is afforded, whether          
       8   one of ordinary skill would have contemporaneously made the linkage with               
       9   Blossom’s card in view of Melchione’s teachings.                                       
       10                                                                                         
       11                     FACTS PERTINENT TO THE ISSUES                                       
       12     The following enumerated Findings of Fact (FF), supported by substantial            
       13  evidence, are pertinent to the above issues.                                           
       14     Claim Construction                                                                  
       15        01. The specification provides no lexicographic definition for the terms         
       16           “instrument” and “stored-value.”                                              
       17        02. The usual and ordinary meaning of “instrument,” as it relates to a           
       18           financial transaction, is a legal document, such as a deed, will, mortgage,   
       19           or insurance policy1.                                                         
       20        03. The usual and ordinary meaning of “store,” as a verb, is to reserve or       
       21           put away for future use.  Thus, the usual and ordinary meaning of             
       22           “stored-value” is value reserved or put away for future use.                  

                                                                                                 
           1 The American Heritage Dictionary of the English Language (4th Edition.  2000).       
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