Ex Parte MCCOLLOM et al - Page 9




              Appeal No. 2004-0528                                                                  Page 9                
              Application No. 09/204,018                                                                                  


                     Based on our analysis and review of LeRoy and claim 81, it is our opinion that                       
              the differences include the following limitations: (1) a first consumer mechanism that                      
              receives an item advertisement from a network-connected non-merchant provider, the                          
              item advertisement comprising a description of at least one item; (2) a second                              
              consumer mechanism that receives an input from a consumer to select an item desired                         
              for purchase, wherein the item desired for purchase is selected from the at least one                       
              item described in the item advertisement received from the network-connected                                
              nonmerchant provider; (3) a third consumer mechanism that receives an input from the                        
              consumer to identify from the plurality of purchase lists a purchase list on which the                      
              selected item is to be saved; (4) a fourth consumer mechanism that receives a                               
              consumer input identifying a third party consumer with whom the identified purchase list                    
              is to be shared; and (5) a fifth consumer mechanism that transmits the identified                           
              purchase list to the identified third party consumer.                                                       


                     With regard to these differences, it is our conclusion that the combined teachings                   
              of LeRoy and 2Market would not have made it obvious at the time the invention was                           
              made to a person of ordinary skill in the art to have modified LeRoy to arrive at the                       
              subject matter under appeal.  Accordingly, a prima facie case of obviousness has not                        
              been established since the evidence presented would not have led one of ordinary skill                      
              in the art to combine the relevant teachings of the references to arrive at the claimed                     








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