Ex Parte Madoff et al - Page 13



        Appeal No. 2006-1179                              Παγε 13                     
        Application No. 10/242,532                                                    


            From the disclosure that the orders are placed in buy/sell                
        databases, we find that a sell order, which includes the price                
        and quantity of the product to be sold, meets the claimed                     
        receiving an order for a product.  Although claim 41 recites                  
        properties of the PDIs and the orders which are distinct from                 
        each other, we find that the orders entered by traders as SDPs                
        can be both orders and SDPs as advanced by the examiner.                      
        From the disclosure of having sell orders in the system waiting               
        for a buy order to trigger a crossing, and the disclosure that                
        “[i]f all feasible crosses have been completed, then the process              
        is temporarily suspended until the next order is entered” (col.               
        9, lines 41-43) we find that buy orders can be in the buy                     
        database waiting for a sell order to be entered, which will                   
        restart the computational crossing.  In addition, from the                    
        disclosure of the price being either an absolute price or a                   
        relative price, e.g., pegged to the bid/ask midpoint or to the                
        average price of the last match of that security (or stock) (col.             
        7, lines 6-9) we find that the buy order of Lupien meets the                  
        claimed PDI.  Thus, we find that the SDPs, which represent                    
        orders, can represent both orders and PDIs.  In addition, we find             
        that a SDP for a sell order represents an order as set forth in               













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