On September 18, 2009, the Board of Patent Appeals and Interferences affirmed-in-part Examiner’s rejection of several asserted claims in U.S. Pat. Re. 36,116 under 103(a) obviousness and 102(b) anticipation. The Board, however, did reverse Examiner’s 102(b) rejection of claims 1-5 and 35.  The patent is subject to concurrent litigation in the Eastern District of Texas. Source, Inc. v. American Express Company, No. 2-05-CV-364 (E.D. Tx. filed Aug. 10, 2005) Reexamination Control 90/007,258