Ex Parte Gathman et al - Page 10

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

                   computer 74 commands video computer 36 to retrieve from a database                        
                   stored in CD ROM 44 or hard drive 38 video data of the                                    
                   representative view (step 1322).                                                          
                   (Col. 12 line 67-col. 13 line 7).                                                         
                Senga describes prioritizing exchanges as                                                    
                   The mediator roughly divides the bid-responding conditions into                           
                   commodity-related, purchase-related, and sales-related conditions and                     
                   gives them priorities in an descending amount order to the purchase                       
                   desired conditions, in an ascending amount order to the sales desired                     
                   conditions, and a time-lapsing order of the bid-responding time for the                   
                   same amounts so as to provide a transaction conclusion order . . .                        
                   (Para. 50).                                                                               
                We also note that the appellants indicate that such prioritization may be based              
            on order of receipt (Spec 34) and that a person of ordinary skill in the art would               
            have known that the general default service policy of first-in first out (aka FIFO) is           
            just such a prioritization based on receipt.                                                     
                Therefore, we find the appellants’ arguments to be unpersuasive. Accordingly                 
            we sustain the examiner's rejection of claims 17, 25 and 28 under                                
            35 U.S.C. § 103(a) as obvious over Nakfoor, Walker, Peters and Senga.                            













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