Appeal No. 2006-0659 Παγε 4
Application No. 10/370,237
who have (1) registered, which includes having been approved for a line of credit, and
(2) agreed to the conditions set by the seller.
In contrast, Pallakoff provides an offer to all who access the web page. There is
no limitation on those who view the offer information, such as description of product,
price and demand threshold (col. 3, lines 28 to 45). While it is true that only those
who join the Buy Team can purchase the products, such does not amount to offering
the product to select buyers in a private deal room. The method of Pallakoff amounts to
offering products for sale to all buyers in a public deal room and limiting the purchase of
products to select buyers.
In view of the foregoing, we will not sustain the rejection of claim 1 and claims 2
to 4, and 6 to 9 dependent thereon. We will likewise not sustain the rejection as it is
directed to claims 10, 18, 21 and 29 and the remaining claims which are dependent on
either claim 10, 18, 21 or 29 because each of claims 10, 18, 21 and 29 require a private
deal room access of which is limited to select buyers that meet and accept seller’s
terms and conditions.
The decision of the examiner is reversed.
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Last modified: November 3, 2007