Appeal No. 2003-0989
Application No. 09/481,740
facts and must be documented on the record, lest the 'haze of so-
called expertise' acquire insulation from accountability." In re
Lee, 277 F.3d 1338, 1345, 61 USPQ2d 1430, 1435 (Fed. Cir. 2002).
The Examiner has not provided evidence of third party groups
routinely gathering data regarding contact of buyers and sellers.
Upon our review of Ebay Auction Marketplace, we fail to find that
Ebay Auction Marketplace teaches building an objective reputation
profile of a transaction participant by an objective third party
participating in fulfillment of the transaction based at least in
part on the notifications as recited in Appellant's claims.
Furthermore, we fail to find that Feezell teaches this limitation
as well. Feezell only gathers data about advertising time slots
which are available for purchase by a buyer. Feezell fails to
teach gathering data to build an objective reputation profile of
a transaction participant by an objective third party
participating in fulfillment of the transaction based at least in
part on notifications as claimed by Appellant.
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