device at a point of sale on an electronic network, the network enabling communication electronically between the
point of sale and the managing means; requesting a specific prepaid value from the managing means; transmitting
payment data to the managing means, enabling the managing means to credit a beneficiary account; and providing
reference detail about the specific prepaid value provided to the point of sale."
The claim envisages electronic communication between a managing means and a network device at a point of
sale on an electronic network for the purpose of providing prepaid values of one kind or another. The idea
incorporates a network capacitated to enable communication between the point of sale (or purchase) and the
managing means for the purpose of transmitting payment data to the managing means and the provision of a
requested prepaid value to the device. The element of remoteness is thus obviously present. The issue
though is whether the patent or publication discloses a method of remote identification of the subscriber. To
the extent that there may be ambiguity or uncertainty, it is permissible to have regard to the context, and in
particular the body of the specification, not only to interpret the claim but also to determine the broader
question of whether the process patented in the patent in suit has been previously described. At 1516 of the
specification we find the following narrative:
"In the cases of a personal device being the transaction medium the payment process will be via a prerequested
banking relationship unless the same technology is present as is found in the public access devices. In this case the
customer will have preregistered a personal identification object coupled with an access code (in the case of a cell
phone it will be the phone number of the phone transmitted from the phone as part of call liner identification and a
password)."
I agree with the submission made on behalf of Vodacom that "the call liner identification" using the phone
number is the step of remotely
Page 415 of [2009] 1 All SA 381 (T)
identifying the subscriber and hence that integer (b) of claim 1 of the patent in suit is disclosed in the Miller
patent.
[110] The next question is whether integer (c) of claim 1 and integer (b) of claim 15 of the patent in suit are
disclosed; these integers being a method verifying subscriber details with reference to the subscriber details
stored in a subscriber database, and a system including a database including data on a plurality of
subscribers requiring use of the communication network. Here too, the claims of the Miller patent make no
specific reference to "a subscriber database", but a purposive and common sense reading of the claims
reveals that such a database is an integral and essential component of the method and system described.
Claim 2 adds the following integer:
"The method as claimed in claim 1 wherein the provision of prepaid values is for any one of the purposes selected
from the group consisting of electronic sale, electronic distribution, electronic recharge and chip card replenishment of
such prepaid values."
Claim 5 adds:
"The method as claimed in claim 2 including the step of preregistering the network device, the purchaser and the
managing means in accordance with at least one of the socalled SET and SSC protocols for electronic sale via the so
called internet."
It is not immediately clear to me whether this claim intends preregistration by the internet and the sale and
distribution of prepaid values by various means or whether the intention is to restrict preregistration of
devices for the purposes of electronic sales effected by means of the internet. Whatever the case, it is clear
from references in the body of the specification that preregistration is an integral component of the method
and system (see the discussion above concerning integer (b) of claim 1). That this is so is borne out by the
description in the specification of the Computer Managing Means ("the switch") the key component of the
process. It is explained as follows:
"Computer Managing Means ('The switch'): This is a computer that provides a number of services in the prepaid
processing cycle. The following is a breakdown of the services available via the switch:
Network management: the switch manages the network where it is able to consolidate the state of health of all the
machines from which maintenance calls can be scheduled. In addition to managing the maintenance process on the
hardware, the system also provides statistics in support of SLA management.
PIN Management: The PIN is an identification number that is unique and is used by the client to effect the recharge of
the prepaid value on completions of the sale. The switch is the custodian of all the PINs that are stored for sale to the
public. These PINs are transported to the switch either via magnetic media or via a network link.
Distribution: The switch is the central point from which data and software are distributed to the devices attached to
the network for the processing of the prepaid value.
Financial Processing: The switch provides connectivity into the banking systems where payment for the prepaid value
is realised. Apart from the transmission of data between Cell f Service and the bank, the switch also has extensive
journalising and reconciliation capabilities. These added features are a key
Page 416 of [2009] 1 All SA 381 (T)
component in the process of settlement between the bank and the parties involved in the sale of the prepaid value.
Security Management: The switch provides for the secure management of the environment by ensuring that security
zones between the components of the system are populated with encryption keys. Apart from the distribution of the
keys the system has its own encryption capability and it is able to verify that data sent and received at the switch is
correct."