Appeal No. 2004-2085
Application 09/272,542
meets the conditions specified by the order terminating the
auction," should recite "with a first one of the responses
or contra-side orders that meets the conditions specified by the
order terminating the auction."
Appellants argue that "Harrington does not suggest orders
and does not suggest contra-side orders. Hence, Harrington does
not suggest orders specifying an exposure time for which the
order can remain active" (Br21).
The examiner finds that the offers in Harrington correspond
to the "orders" and interprets that "[a] 'bid' is a contra-side
order as it is an order (an instruction to buy) on the opposite
side of the an [sic] order to supply or sell something" (EA19).
Appellants rely on their previous arguments (RBr8).
Claim 14 recites "orders," "contra-side orders," and
"responses to orders." Claim 14 recites that the "order"
specifies a price for the financial product in addition to a
quantity of the financial product, and an exposure time. A price
was not specified in, for example, claim 33. The offers in
Harrington do not specify a price. The auctions in Figs. 10 and
11 specify a value of the bonds to be sold, but the users bids on
a coupon and price, or yield, for each principal maturity it
wants to purchase in a maturity by maturity bid (col. 9,
lines 23-39) or for an aggregate purchase price in an all-or-none
bid (col. 9, lines 40-55). Thus, the Issuer's offer specifies a
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