Ex Parte Gathman et al - Page 9

            Appeal Number: 2007-0126                                                                         
            Application Number: 09/970,910                                                                   



             Claims 17, 25 and 28 rejected under 35 U.S.C. § 103(a) as obvious over Nakfoor,                 
                                         Walker, Peters and Senga.                                           
                Claims 17 and 25 are dependent claims against which the examiner applied                     
            Peters to show presenting seat views, and claim 28 is a dependent claim against                  
            which the examiner applied Senga to show prioritizing the exchange.                              
                The appellants argue there is no motivation to combine Peters and Senga with                 
            Nakfoor.  (Br. 15-17).  We note that Senga provides such motivation as                           
                   in facilitating a purchase wisher to get a chance of purchasing a                         
                   commodity at his desired lowest possible price and also in facilitating                   
                   a seller to get a chance of selling the same commodity as much as                         
                   possible                                                                                  
                   (para. 0009) ) (emphasis added)                                                           
                and Peters provides such motivation as                                                       
                   to provide a vending machine for dispensing debit cards, as well as                       
                   tickets for entertainment events available from a computerized ticket                     
                   inventory; the vending machine having the further capability of                           
                   affording user selection of ticket seat locations based on video                          
                   portrayals of actual views of entertainment events from the available                     
                   seat locations                                                                            
                   (Col. 3 lines 18-24) (emphasis added).                                                    

                As to the specific limitations, Peters describes the seat views of claims 17 and             
            25 as                                                                                            
                   The customer is then asked whether he/she desires to see one or more                      
                   representative views from the selected seat location to center stage,                     
                   home plate, center court, etc., as appropriate for the selected event                     
                   (step 1320). If the customer makes a "yes" keystroke, interface                           


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