Ex Parte Klivington et al - Page 9

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

                       modify Broerman so that the additional electronic file is an addendum                                        
                       or disclaimer. The office action admits that Broerman and Raveis fail                                        
                       to teach that the form is an addendum or disclaimer, and cites Virginia                                      
                       Regional Sales Contract to remedy these deficiencies.                                                        
                       Even if Broerman, Raveis and Virginia Regional Sales Contract are                                            
                       combined and modified as proposed, the proposed                                                              
                       combination/modification fails to provide for the additional electronic                                      
                       file (addendum or disclaimer) being created automatically in response                                        
                       to the modifying.                                                                                            
                       (Br. 14-15).                                                                                                 
                    As the examiner argues (Answer 14-15), Broerman (col. 11 lines 43-55)                                           
               teaches merging mutable terms with the contract, with standard word processing                                       
               merge operations, which is an automatic creation of a new version of the contract                                    
               which is an online additional file corresponding to the existing listing and the                                     
               mutable terms, e.g. addendum or disclosure, as claimed.  Further, Raveis, Jr.                                        
               teaches that                                                                                                         
                       It is also envisioned that a plurality of forms can also be generated by                                     
                       the subject system and method. In one embodiment, the standard                                               
                       forms tool is a combination of Caere's OmniForm version 3.0,                                                 
                       Microsoft's Word 97 and Adobe's Acrobat version 3.0.1. Preferably,                                           
                       form templates are constructed for all forms. The summary data                                               
                       sought will determine the list of available forms. In one embodiment,                                        
                       the following forms are provided: Open Buyer or Tenant                                                       
                       Authorization; Exclusive Right to Represent Buyer to Tenant; Dual                                            
                       Agency Consent Agree; Dual Agency/Single Agent Consent;                                                      
                       Standard Form Real Estate Contract; Release and Hold Harmless;                                               
                       Exclusive Right to Sell Listing Contract; Exclusive Right to Lease                                           
                       Listing Contract; Exclusive Agency Listing Contract; Sign Request;                                           
                       Exceptional Properties Division Listing Information; State                                                   
                       Department of Consumer Protection--Residential Property Condition                                            
                       Disclosure Report; Rider--Real Estate Contract; Addendum to Sales                                            
                       Contract; Order Entry Form; New Listing Input Form; Property Status                                          
                       Change Form; and Disclosure Format for Target Housing Sales--                                                
                       Disclosure of Information on Lead-Based Paint.                                                               

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