Appeal No. 2004-1283
Application No. 09/373,141
Appellant contends that Shkedy discloses a global bilateral
buyer-driven system where buyers select a particular item or
service or a second or substitute item in addition to the primary
item choice (referring to column 5, lines 10-11, and column 7,
lines 59-61, as well as column 15, lines 42-57), so that “Shkedy
is directed to a particular item or service or a substitute, not
a specified category of items, and, in fact, teaches away from
such an auction” (brief-page 6).
Further, appellant contends that in Shkedy, a seller is
notified of a price he or she has to beat, not a discount rate,
teaching away from the claimed step of declaring a successful
seller based on a seller having the greatest discount rate
greater than or equal to the minimum discount rate (brief-pages
6-7).
We REVERSE.
Each of independent claims 1 and 32 recites the receipt of a
bid having a “discount rate,” a commitment to buy “at a minimum
discount rate,” and declaring a successful seller based on the
bid “having the greatest discount rate” greater than or equal to
the minimum “discount rate . . .”
Independent claim 63 recites that buyers are willing to
purchase items “selected from a pre-defined category at a
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