Appeal No. 2004-2085
Application 09/272,542
Harrington does not teach a "contra-side order" because it deals
with original issuer auctions where there are no financial
instruments yet and, hence, no contra position. Contra side
positions require that the financial instruments exist that can
be subject to offers to buy and sell. For this reason alone
claim 33 is not anticipated. While Harrington discloses that the
present invention is applicable to other kinds of financial
instruments (col. 6, lines 13-16), it does not describe anything
that could be considered a "contra-side order." Of course, since
Harrington does not disclose a "contra-side order," it does not
teach a system that "determines a match to said first order with
... contra-side orders." Appellants' argument that a "response"
has the property that it is priced relative to a prevailing
current market price and has a price improvement is without
support in claim 33; compare claim 71.
Appellants also argue that Harrington does not describe an
order having an "exposure time for which the order is displayed
for response," as claimed (Br15; RBr2-3). The examiner finds
that Harrington teaches an exposure time for which the order can
be displayed, referring to column 10, lines 32-41, and column 12,
lines 24-30 (EA12-13). Appellants argue that Harrington does not
describe an order having an "exposure time," but does not reply
to the examiner's finding (RBr3).
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