Ex Parte Parsonnet et al - Page 6



          Appeal No. 2004-1980                                                        
          Application No. 10/153,200                                                  

          The central controller of Shkedy includes storage devices (buyer            
          database 255 and seller database 260) and, similar to the claimed           
          main controller, is capable of receiving and storing purchase               
          requests as well as transferring and storing inquiries and                  
          responses (col. 10, lines 1-20).  We also observe that the                  
          detailed functional description that Appellants attempt to                  
          attribute to the claimed main controller (brief, page 10) is not            
          actually recited in claim 31.  To the extent that is claimed, the           
          communications between the customers and the vendors and access             
          to the records related to the requests are all through the main             
          controller, which read on the function of the central controller            
          in Shkedy.                                                                  
               We also agree with the Examiner that the buyer interface and           
          the seller interface of Shkedy are capable of receiving inquiries           
          and transferring responses through the central controller.  As              
          discussed above and disclosed in Figures 3 and 4, these                     
          interfaces do include processing, storage and communication                 
          elements (CPU 305/405, storage 360/460 and modem 350/450) that              
          facilitate receiving a request, storing a record thereof and                
          transferring a response thereto, as recited in claims 31 and 32.            
               Based on our findings above, we agree with the Examiner that           
          Shkedy prima facie anticipates the claimed subject matter in the            
                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007