Ex Parte MADOFF et al - Page 19




          Appeal No. 2004-2085                                                        
          Application 09/272,542                                                      

          price, as claimed.  Furthermore, we find that there in no                   
          teaching that the offers in Harrington specify an "exposure time"           
          as discussed in regard to claim 33.                                         
               In addition, as discussed in connection with claim 33, we              
          find nothing in Harrington that corresponds to "contra-side                 
          orders," which is an order on the opposite side of the order.               
          A "contra-side order" and a "response" are separately claimed               
          elements and it is not proper to read them both onto the same               
          "bid" in Harrington.                                                        
               We conclude that Harrington does not disclose or make                  
          obvious the limitations of "specifying in the order a price for             
          the financial product ... and an exposure time," a "contra-side             
          order," and the limitations referring to a "contra-side order."             
          In addition, Harrington does not disclose or suggest matching the           
          first order to responses and contra-side orders, "with a first              
          one of the responses that meets the conditions specified by the             
          order terminating the auction," as discussed in the analysis of             
          claim 1.  The rejection of claims 14-23 is reversed.                        

          Group VII: claims 40 and 65-70                                              
               Claim 40 is representative.                                            
               The examiner finds that Harrington discloses sealed-bid and            
          silent and blind auctions where the current highest bid and                 
          identity are unknown and concludes that it would have been                  


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