Appeal No. 2006-0796 Page 6
Application No. 09/607,751
specific page, line number, drawing reference number, etc. fails
to provide a prima facie case of anticipation of claim 1.
In addition, from our review of the entire published Semret
application, we agree with appellant, for the reasons found on
pages 4 and 5 of the brief, that Semret’s disclosure fails to
anticipate claim 1. Semret is directed to a system and method
for allowing buyers and sellers to bid for resources, and
controlling the resources in accordance with the bids (para. 3).
Semret discloses that recently, the need for a dynamic bandwidth
commodity market has been recognized (para. 7), and that “the
emerging telecommunications market call for new mechanisms for
real-time trading of network resources, such as bandwidth” (para.
9). The invention provides a platform for resource allocation in
real-time, where one or more resource agents interact with
software player agents to reach an agreement on price and
quantity allocations for each buyer of the resource (para. 10).
Seller agents contain their own strategy and valuation rules,
which allow them to decide how much of a resource to offer and
how to set a minimum price for the resource (id.). In general,
the invention promotes the sharing of limited resources such as
bandwidth, buffer space, etc., (para. 12). A typical system
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