Ex Parte Monk - Page 18

             Appeal 2007-2451                                                                                         
             Application 10/694,925                                                                                   

         1   combination of their clearly expressed elements, doing no more than yield                                
         2   predictable results, would have been obvious to one of ordinary skill.                                   
         3        As to the Appellant’s contention that this motivation is a user’s motivation and                    
         4   not a designer’s, we find that a designer of sales systems such as those in Blossom                      
         5   and Cameron would have considered how a user would use these systems.                                    
         6        As to the Appellant’s argument that one of ordinary skill would not have                            
         7   applied Cameron’s graphical interface for remote order entry to a point of sale                          
         8   device, we find that entering an order with a credit card payment, as in Cameron, is                     
         9   entering a sale.  How local or remote the terminal is has nothing to do with the                         
        10   technology, only with the placement of the terminal.  Thus one of ordinary skill                         
        11   would have immediately envisaged the use of any credit, debit, or gift card, such as                     
        12   Blossom’s, upon reading Cameron’s discussion of entering such cards.                                     
        13        Finally, as to the claim limitation regarding the stored-value account and the                      
        14   credit account being linked substantially contemporaneously with issuance of the                         
        15   instrument to the customer, we make the following findings:                                              
        16           1) Any card linking two such accounts is functionally equivalent                                 
        17              irrespective of the timing of when the linking occurred, so long as the                       
        18              linking occurred in the past, and therefore little patentable weight is                       
        19              afforded to the limitation regarding contemporaneous linking;                                 
        20           2) The card itself is a physical link between itself and the two accounts, and                   
        21              such linkage is created when the accounts are linked to the card, which is                    
        22              generally contemporaneous with the issuance of the card.                                      




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