Ex Parte MADOFF et al - Page 26




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

          Group X: claim 64                                                           
               Appellants argue (Br23) that Harrington does not teach or              
          suggest "the order specifying a condition that seeks a specific             
          minimum relative price improvement and an exposure time" and                
          instructions to "match the order with the response or contra-side           
          order in accordance with the exposure time specified by the                 
          order."                                                                     
               The examiner finds that Harrington expressly teaches auction           
          start and end times (EA2), which we interpret to relate to the              
          limitation of "exposure time."  The examiner finds (EA22) that a            
          "best bid" is "generally accepted indicator of a prevailing                 
          current market price."                                                      
               "Appellant relies upon the discussion of a prevailing                  
          current market price with price improvement as discussed above              
          for Group V."  (RBr9.)                                                      
               We conclude that Harrington does not teach or suggest "the             
          order specifying a condition that seeks a specific minimum                  
          relative price improvement and an exposure time," for the reasons           
          discussed in connection with claim 55, and does not teach or                
          suggest a "contra-side order" for the reasons discussed in                  
          connection with claim 33.  The anticipation rejection of claim 64           
          is reversed.                                                                




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