Ex Parte HURWITZ - Page 5



                    Appeal No. 2003-0989                                                                                                                                  
                    Application No. 09/481,740                                                                                                                            

                    necessarily weigh all of the evidence and argument."  In re                                                                                           
                    Oetiker, 977 F.2d at 1445, 24 USPQ2d at 1444.  "[T]he Board must                                                                                      
                    not only assure that the requisite findings are made, based on                                                                                        
                    evidence of record, but must also explain the reasoning by which                                                                                      
                    the findings are deemed to support the agency's conclusion."  In                                                                                      
                    re Lee, 277 F.3d 1338, 1344, 61 USPQ2d 143, 1434 (Fed. Cir.                                                                                           
                    2002).                                                                                                                                                
                              Appellant argues that independent claims 1, 6 and 11 require                                                                                
                    that an objective reputation profile be built based at least in                                                                                       
                    part on notifications (e.g., what actually happened during the                                                                                        
                    fulfillment of the transaction, not what people said happened and                                                                                     
                    how they felt about it).  Appellant argues that the specification                                                                                     
                    is clear that objective reputation profile is very different than                                                                                     
                    subjective feedback and that the present invention is focusing on                                                                                     
                    providing objective feedback.  Appellant argues that Ebay                                                                                             
                    provides only subjective feedback as an aggregation of people's                                                                                       
                    opinion affirmatively submitted to Ebay.  Ebay does not include a                                                                                     
                    trusted intermediary to automatically generate an objective                                                                                           
                    reputation profile based on what actually happened in various                                                                                         
                    transactions.  Appellant further argues that Feezell only gathers                                                                                     
                    data about items available for purchase by a buyer.  The data                                                                                         

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