Not so fast...
" Including and distinguishing prior art in the patent application, which will be noted in a patent if and when a patent ultimately issues, entitles the patent holder to this tremendous presumptive advantage, by law. "
I took a look at Bank of America's patent - 7,319,986 issued Jan. 15, 2008.
In BofA's patent, there was no mention of a prior art which was already issued a patent status in August of 2005 by USPTO, patent no. 6,931,382.
Bank of America's patent 7,319,986, claims no. 9 and 23 which provide the actual management/security/control of a card account (payment instrument) by allowing a cardholder to set limits which will then be 'tested' prior to authorizing a card transaction
has already been cited as a claim in a patented prior art - No. 6,931,382, claim no. 7.
Inventor of Prior Art (Patent No. 6,931,382)