Ex Parte ISSA - Page 5




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


         negotiated discount,” that a buyer commits to spend a certain              
         amount “and a requested discount field,” that the auction system           
         analyzes bid data in order to present information to sellers               
         indicating the aggregate commitment amounts associated “with               
         different requested discounts,” along with other recitations of            
         “discount offer field,” “greatest discount,” generation of a               
         “discount record” and the “discount offered” by the selected               
         seller.                                                                    
              Clearly, then, as disclosed and claimed, the instant                  
         invention is directed to buying/selling at the best “discount              
         rate.”  Sellers compete for customers’ business by offering                
         various discount rates for specified categories of items and the           
         seller offering the best, or greatest, discount rate is                    
         successful in the auction.                                                 
              While Shkedy certainly deals with electronic commerce                 
         wherein buyers’ purchase requirements are aggregated into a                
         single collective purchase requirement and sellers are located             
         willing to bid on the collective purchase requirement, we find no          
         disclosure in Shkedy which deals with sellers competing by                 
         offering the best “discount rate,” as claimed.                             
              The examiner points to columns 7, 8 and 9 of Shkedy.  In              
         particular, the examiner points to column 7, lines 26-42, wherein          


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