Ex Parte Madoff et al - Page 3



        Appeal No. 2006-1179                               Παγε 3                     
        Application No. 10/242,532                                                    

            receiving an order for the product, the order specifying a                
        price and quantity, and upon receiving the order starting an                  
        auction in the distributed networked computer system for the                  
        product by:                                                                   
            determining whether the received pre-defined relative                     
        indication has a relative price that satisfies the price of the               
        received order; and if the price of the pre-defined relative                  
        indication satisfies the price of the received order,                         
            executing the received order against the pre-defined                      
        relative indication to satisfy the order and end the auction if               
        the quantity in the pre-defined relative indication is sufficient             
        to satisfy the quantity specified in the order.                               
            The prior art reference of record relied upon by the                      
        examiner in rejecting the appealed claims is:                                 
        Lupien et al. (Lupien)  5,689,652  Nov. 18, 1997                              
            Claims 41-57 and 62 stand rejected under 35 U.S.C. § 112,                 
        second paragraph, as being indefinite.                                        
            Claims 41-44, 46, 49, 50, 52, 53, 55-57, 59 and 63-69 stand               
        rejected under 35 U.S.C. § 102(b) as being clearly anticipated by             
        Lupien.                                                                       
            Claims 45, 47, 48, 51, 54 and 70-72 stand rejected under                  
        35 U.S.C. § 103(a) as being unpatentable over Lupien.                         
            Rather than reiterate the conflicting viewpoints advanced by              
        the examiner and the appellants regarding the above-noted                     
        rejections, we make reference to the answer (mailed November 8,               
        2005) for the examiner's complete reasoning in support of the                 













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