Appeal No. 09/536,531
Application 2005-0494
The examiner finds that Ng discloses the claimed subject
matter of claim 1 except for acquiring merchandise through an
auction system (FR2). The examiner finds that Godin teaches a
computer auction system and teaches at column 1, lines 10-17,
that auctions provide a way to obtain products at reasonable
prices and, in addition, there is the excitement and skill of the
buyer. The examiner concludes that it would have been obvious to
one having ordinary skill in the art to modify the Ng reference
with the Godin teaching by "replacing the mere converting points
for prizes or gifts with an auction in order to provide a more
exciting means of acquiring the prizes or gifts." (FR4)
First, appellant argues that there is no motivation to
combine the references. Appellant argues that "Godin does not
teach or suggest that the auctions are substitutes for other
methods of selling things over the internet, rather Godin teaches
only that its claimed auction method is superior to other auction
methods" (Br5). It is also argued that "Godin does not teach the
desirability of the modification proposed by the Examiner" (Br5)
and the sparse reference to the redemption process in Ng does not
suggest the desirability of the combination (Br6).
The issue is whether it would have been obvious to use the
generated points disclosed in Ng to acquire merchandise via a
computerized auction system, as taught by Godin. Ng discloses
that points can be "converted into prizes, such as bonus online
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