Ex Parte MEYER et al - Page 15



          Appeal No. 2002-2174                                                        
          Application No. 09/263,166                                Page 15           

          incentive in the incentive system" as required by claim 93.  We             
          additionally find that this display occurs when the consumer                
          computer is connected to the system.  We moreover find that the             
          distribution of the bid information to the appropriate interfaces           
          meets the claimed "published at the one or more locations."                 
          Additionally, we observe that independent claim 93 does not                 
          recite that the consumer computer accesses one of the locations             
          containing the selecting mechanism of the particular incentive.             
          claim 93 recites that the consumer computer is programmed to                
          display the incentive existence message indicating the existence            
          of the incentive in the system, which is met by the displaying of           
          the processed bid information. Claim 93 further recites that the            
          display occurs when the consumer computer is connected to a                 
          location on the network, which is met by the interface being                
          connected to the system and in communication with the Moderator.            
          Accordingly, we do not agree with appellants that these features            
          of claim 93 are not met by Johnson.  The rejection of claim 93              
          under 35 U.S.C. § 102(b) is therefore affirmed.                             
               We turn next to claim 13.  The claim recites that the set of           
          parameters of the incentive comprises an incentive existence                
          message, and that one parameter is the incentive existence                  
          message.  Appellants assert (brief, page 18) that the incentive             





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