Appeal Number: 2006-3365
Application Number: 10/329,921
The appellants then respond
Based on Raveis' use of standard software tools to develop form
templates, paragraphs [0042] and [0043], and Ravels’ use of databases
relating to "'listings ... MLS, MLS data," paragraph [0071], the
examiner argues that Ravels specifically teaches "populating a real
estate contract form from an existing listing" for a particular real
estate property. The reasoning relies on the improper application of
hindsight. As stated in W.L. Gore & Associates, Inc. v. Garlock, Inc.,
721 F.2d 1540, 220 USPQ 303 (Fed.Cir.1983), "[tie imbue one of
ordinary skill in the art with knowledge of the invention in suit, when
no prior art reference or references of record convey or suggest that
knowledge, is to fall victim to the insidious effect of a hindsight
syndrome wherein that which only the inventor taught is used against
its teacher." Here, the only reason to combine the teachings of the
applied references in the manner proposed by the examiner results
from a review of appellants' disclosure and the application of
impermissible hindsight.
Raveis’ ability to create a generic form with data populated from an
unspecified database, together with Raveis' discussion era multiplicity
of databases, fails to teach or suggest specifically "populating a real
estate contract from an existing listing."
(Reply Br. 4).
We note that Raveis actually states
[0109] Sale Transactions are contracts for the proprietor customers to
purchase homes listed by the proprietor or other agencies. Sale
transactions may or may not be associated with a proprietor listing.
Commissions are a significant part of the sale transaction.
[0110] The business rules for sale transaction will be as follows.
Property Address including: address, city, state and zip code, Valid
MLS # (or "None" for a non-MLS entry), at least one buyer but not
more than five (must be a valid contact) and at least one seller but not
more than five (must be a valid contact) must be entered to save a sale
transaction. Listing Agency values can come from the MLS, can be
entered by hand, or in the case of a proprietor listing are taken from
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: November 3, 2007