Ex Parte Fried - Page 2




                Appeal No. 2005-1674                                                                                                       
                Application 09/613,153                                                                                                     

                8-11.  More particularly, the '286 patent explains that "[s]ystems and methods consistent with the                         
                present invention provide investors with the means to select an investment group based on a set                            
                of selection criteria consisting of a buyback ratio and price/sales or price/earnings ratio to                             
                improve investment return."  Id. at col. 2, ll. 55-59.                                                                     
                        The '286 patent issued with claims 1-20, of which claims 1, 10, and 19 are independent                             
                claims.  Each of the independent claims specifies that the criteria for screening the selection of a                       
                stock "consists of a buyback ratio and at least one of [a] price/sales ratio and a price/earnings                          
                ratio for each stock."  Claim 1, for example, reads,                                                                       
                        1. A computer implemented method for creating a buyback                                                            
                        investment report comprising the steps of:                                                                         
                        receiving a request specifying a selection of stocks from a database                                               
                        of stock information;                                                                                              
                        selecting criteria for screening the selection of stock, wherein the                                               
                        selected criteria consists of a buyback ratio and at least one of [a]                                              
                        price/sales ratio and a price/earnings ratio for each stock,                                                       
                        screening the selection of stocks, the screening process including                                                 
                        the substeps of                                                                                                    
                                        identifying the stocks from the specified selection having                                         
                                buyback ratios, wherein a buyback ratio corresponds to a                                                   
                                percentage of issued stock repurchased from the public during a                                            
                                specified period and resulting in a decrease of shares outstanding,                                        
                                and                                                                                                        
                                        identifying a price/sales ratio or price/earnings ratio in the                                     
                                group for each such stock of a subset of the stocks having buyback                                         
                                ratios, wherein the subset is determined based on the buyback                                              
                                ratio for each stock; and                                                                                  
                                        ranking stocks within the subset based on the price/sales                                          
                                ratio or price/earnings ratio for each stock, wherein the stock                                            
                                having the lowest price/sales ratio or price/earnings ratio is ranked                                      
                                the highest.                                                                                               
                        The reissue application includes patent claims 1-20 in unamended form plus new claims                              
                21-81, of which claims 21, 31, 41, 51, 61, 71, and 81 are independent.  These new independent                              
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