Ex Parte LIN - Page 3


                 Appeal No.  2005-0956                                                        Page 3                   
                 Application No. 09/342,866                                                                            


                 service might be attainable for free if the buyer can achieve a certain                               
                 performance level while participating in the PDA.                                                     
                 Appellant’s specification at page 3, line 8, through page 4, line 4.                                  
                        Claim 1 is representative of the claimed invention and is reproduced as                        
                 follows:                                                                                              
                 1.     A method of doing business over a global communications network                                
                 comprising the steps:                                                                                 
                        communicating to a buyer via the global communications network, a                              
                 description of a product;                                                                             
                        accepting a first request from the buyer to buy the product for a price to be                  
                 determined within a price range;                                                                      
                        accepting a second request from the buyer to allow the price to be                             
                 determined based upon a performance of the buyer while participating in a Price-                      
                 Determining-Activity (PDA);                                                                           
                        receiving data from the buyer over the global communications network, said data                
                 representing the performance of the buyer during the PDA; and                                         
                        determining the price of the product based at least partially upon the data                    
                 received, said price being within the price range and scaled to the performance                       
                 of the buyer.                                                                                         
                                                     References                                                        
                        The references relied on by the Examiner are as follows:                                       
                 Marino et al. (Marino)             4,850,007                          Jul.  18, 1989                  
                 Rossides                           5,269,521                          Dec. 14, 1993                   
                 Kelly et al. (Kelly)               5,816,918                          Oct.    6, 1998                 
                 Goldhaber et al. (Goldhaber)       5,855,008                          Dec. 29, 1998                   
                 “Allotafun To Develop Extensive Toy Internet Site”; PR Newswire; December 3, 1998;                    
                 pp 1-2. (Allotafun)                                                                                   








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