Appeal No. 2006-1179 Παγε 15
Application No. 10/242,532
We turn next to the rejection of claims 45, 47, 48, 51, 54,
and 70-72 under 35 U.S.C. § 103(a) as being unpatentable over
Lupien. We note at the outset that independent claim 70 also
recites that only receipt of an order initiates an auction. We
cannot sustain as we find no evidence to support the obviousness
of modifying Lupien to provide for initiation of an auction to be
initiated only upon the receipt of an order. Accordingly, the
rejection of claims 45, 47, 48, 51, 54, and 70-72 is reversed.
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