Ex Parte Madoff et al - Page 11



        Appeal No. 2006-1179                              Παγε 11                     
        Application No. 10/242,532                                                    

        subject matter is encompassed by the claim and what subject                   
        matter is described by the reference.                                         
            From our review of Lupien, we find that the reference is                  
        directed to a matching system, and in particular, a continuous                
        crossing network that matches buy and sell orders upon a                      
        satisfaction and size profile (col. 1, lines 7-9).  Lupien                    
        discloses that in an alternative embodiment, the invention can be             
        operated by treating each new satisfaction density profile (SDP)              
        that is entered as a triggering event that causes a new round of              
        computations (col. 4, lines 44-47).  We find from this disclosure             
        that each new order (sell order) input as an SDP will trigger a               
        new round of computation, which will match the seller with a                  
        buyer.  Accordingly, we agree with appellants’ contention that                
        receiving an order does not start a crossing of SDPs.                         
            Lupien further discloses (figure 4) that an order can have a              
        time in force 28, such as until cancelled, minutes, etc.  Thus,               
        from these teachings of Lupien that a sell order can be for a                 
        predetermined amount of time, we find that the entering of a sell             
        order will trigger an auction of the item presented for sale.                 

















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