Ex Parte Klivington et al - Page 7

               Appeal Number: 2006-3365                                                                                             
               Application Number: 10/329,921                                                                                       

                       the Listing Transactions. Selling Agency values are manually entered,                                        
                       or in the case of a proprietor sale they are the current office. Listing                                     
                       Agents equal at least one agent but no more than five. If the                                                
                       circumstances are a proprietor listing, then the associated listing is                                       
                       default information. If the circumstances are a co-broker listing, at                                        
                       least one listing agent with complete information must be provided.                                          
                       There must be at least one Selling Agent but no more than five. If sold                                      
                       by a proprietor agent, selecting from a list of agents defaults this                                         
                       information. If a co-broker, must select at least one listing agent and                                      
                       provide complete information including Contract Date, Contract Price                                         
                       rounded to the nearest dollar and greater than zero, Listing and Selling                                     
                       Share of commissions, Listing Type and Projected closing date.                                               

                       [0111] The following fields are autopopulated from the MLS data:                                             
                       MLS Status, Expiration Date, Property Type, Sub Division Name,                                               
                       Sale ID, Created By, Created Date, Last Changed By, and Last                                                 
                       Changed Date. A listing agent can be listed only once on the Sale. A                                         
                       selling agent can be listed only once on the sale. A seller and buyer                                        
                       can each be listed only once on the sale. Sale transactions cannot be                                        
                       deleted, but the status can be changed. When a sale transaction is                                           
                       created, if it is linked to a Listing record, the status of the listing                                      
                       record changes from Open to Under Contract. If the sale transaction is                                       
                       canceled, the corresponding listings status is changed to open.                                              
                       (Paragraphs 0109 through 111).                                                                               

                    On its face, this teaches that sales contract fields are automatically populated                                
               by MLS (Multiple Listing Service) data.  Whether the sales contract is in the form                                   
               of a database or form is purely a matter of semantics and is a difference without a                                  
               distinction in the database arts, because forms are merely a characterization of                                     
               different ways of displaying the exact same data that is in the database, which                                      
               database management systems (DBMS) routinely provide as inherent functions for                                       
               ease of display.  We note that most widely used database management systems,                                         
               such as Microsoft Access and Corel Paradox, provide this inherently within their                                     

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