Ex Parte ISSA - Page 7

           Appeal 2007-2370                                                                         
           Application 09/373,141                                                                   

        1         15. In one embodiment of Shkedy, buyers could indicate a minimum                  
        2            discount off the maximum offer price provided by the central controller        
        3            that a buyer would be willing to accept. The seller would then be              
        4            notified of a maximum price he had to beat in order to bid (Shkedy 7:21-       
        5            25).                                                                           
        6         16. In another embodiment of Shkedy, the intermediary could pre-                  
        7            negotiate a supply contract with a major supplier, prior to forming the        
        8            buyer pool. The pre-negotiated seller contract terms would be                  
        9            automatically available to any individual who joins the pool. In this          
       10            embodiment, the intermediary pre-negotiates a contract with a seller           
       11            such as an office supply company in which the office supply company            
       12            would beat any published competitors price and provide an additional           
       13            5% discount to the collective buyer pool on condition that the                 
       14            intermediary (i.e. collective buyer pool) exclusively purchase supplies        
       15            from them for a whole year (Shkedy 7:26-40).                                   
       16         17. Shkedy’s seller database maintains data on sellers.  It contains data         
       17            regarding the items the seller can deliver with fields such as item ID,        
       18            current price, restrictions on sale and discount schedule for large            
       19            quantities (Shkedy 10:11-20).                                                  
       20      eCommerce                                                                            
       21         18. eCommerce describes an online buying service that pre-negotiates              
       22            volume discounts (eCommerce 1:First ¶).                                        
       23         19. eCommerce describes the economic model of the online buying                   
       24            service as similar to that of eBay (eCommerce 2:Third ¶).                      


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