Ex Parte ISSA - Page 3




         Appeal No. 2004-1283                                                       
         Application No. 09/373,141                                                 


         (Fed. Cir. 1999); In re Paulsen, 30 F.3d 1475, 1478-79, 31 USPQ2d          
         1671, 1673 (Fed. Cir. 1994).                                               
              With regard to independent claims 1 and 32, the examiner              
         contends that Shkedy discloses the step of receiving at a                  
         computer site at least one bid having a discount rate for the              
         specified item or category of items being auctioned from a                 
         plurality of sellers registered to participate in the auction, at          
         column 7, lines 49-58, and column 8, lines 41-54.                          
              The examiner further contends that Shkedy discloses the step          
         of receiving at the computer site a commitment to buy an                   
         undiscounted value amount of the item or an undiscounted value             
         amount within the specified category of items at a minimum                 
         discount rate from at least one buyer registered to participate            
         in the auction, at column 7, lines 12-48, and column 8, lines              
         21-28.                                                                     
              The examiner also alleges that Shkedy discloses the step of           
         declaring at least one successful seller of the value amount for           
         the specified item or category of items based on the bid from the          
         successful seller or sellers having the greatest discount rate             
         greater than or equal to the minimum discount rate and best                
         meeting the buyer’s individual conditions, at column 7, lines              
         21-25, and column 9, lines 3-35.                                           


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