Ex Parte Gutierrez et al - Page 5



                 Appeal No. 2006-1050                                                                                    
                 Application No. 09/852,831                                                                              

                 to the reserve price is received it is in the interest of the buyer to extend the                       
                 auction.                                                                                                
                        While we concur with the examiner that the dynamics of the two auctions                          
                 are similar and that Alaia teaches a concept similar to the reserve price, we do                        
                 not find that Alaia teaches or suggests that the auction period should be                               
                 extended, go into overtime, if there is no bid equal to or greater then the reserve                     
                 price.                                                                                                  
                        Alaia teaches an electronic auction system.  Alaia states that there are                         
                 three models for online procurement catalog, buyer bidding auction and seller                           
                 bidding auction. See column 1, lines 24, 25.  In a seller bidding auction buyers                        
                 want to save money, and sellers downwardly bid to achieve the lowest price.                             
                 Alaia is primarily concerned with a seller downward bid auction.  See column 2,                         
                 lines 17 through 22.  Alaia is also applicable to an upward bid auction, buyer bid                      
                 auction.  See column 27, lines 60 through 64.  Further, Alaia teaches that in both                      
                 buyer and seller auctions there are bid limitations on price, if these limitations are                  
                 not met the bid will not be accepted, i.e. if the bid is below (seller auction) or                      
                 higher (buyer auction) the bid will not be accepted.  Alaia teaches that the                            
                 auction may go into overtime where bids will be accepted past the scheduled                             
                 closing time of the auction.  See column 13, lines 26 through 39.  Alaia teaches                        
                 that overtime is triggered when lower bids submitted are within a predetermined                         
                 time of the closing of the auction.  Thus overtime allows other bidders to see and                      




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