Appeal 2007-2742
Application 09/764,618
1 ISSUES
2 The issue pertinent to this appeal is whether the Appellants have sustained their
3 burden of showing that the Examiner erred in rejecting claims 1-31 under 35
4 U.S.C. § 103(a) as unpatentable over Bogosian and Hambrecht.
5 FACTS PERTINENT TO THE ISSUES
6 The following enumerated Findings of Fact (FF) are believed to be supported
7 by a preponderance of the evidence.
8 Claim Construction
9 01. The Specification contains no lexicographic definitions for the term
10 “fund” or “funds.”
11 02. The usual and ordinary meaning of fund or funds is (1) a source of
12 supply; (2) a sum of money or other resources set aside for a specific
13 purpose; or (3) funds - available money; ready cash.1
14 03. The Specification contains no lexicographic definitions for the term
15 “account.”
16 04. The usual and ordinary meaning of “account” within the financial
17 context of the claim is (1) a formal banking, brokerage, or business
18 relationship established to provide for regular services, dealings, and
19 other financial transactions; (2) a precise list or enumeration of financial
20 transactions; (3) money deposited for checking, savings, or brokerage
21 use; or (4) a customer having a business or credit relationship with a
22 firm1.
1 American Heritage Dictionary of the English Language (4th ed. 2000).
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