Ex Parte MADOFF et al - Page 1




               The opinion in support of the decision being                           
               entered today was not written for publication                          
               and is not binding precedent of the Board.                             
                                   _______________                                    
                                                            Paper No. 43              

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     

                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     

                              Ex parte PETER B. MADOFF,                               
                                ALBERTO C. CASANOVA,                                  
                                and CHRISTOPHER KEITH                                 
                                                                                     
                                Appeal No. 2004-2085                                  
                               Application 09/272,5421                                
                                                                                     
                                HEARD: March 8, 2005                                  
                                                                                     
          Before HAIRSTON, BARRETT, and LEVY, Administrative Patent Judges.           
          BARRETT, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                   
               This is a decision on appeal under 35 U.S.C. § 134(a) from             
          the final rejection of claims 1-40, 55-58, and 64-78.                       
          Claims 41-54 and 59-63 have been canceled.                                  
               We reverse.                                                            


          1  Application for patent filed March 19, 1999, entitled                    
          "Auction Market With Price Improvement Mechanism."                          
                                        - 1 -                                         





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