Ex Parte Chao et al - Page 5


            Appeal No. 2006-1229                                                                      
            Application No. 09/800,690                                                                

               Appellants argue that Alnwick is devoid of teaching a host system executing back       
            order functions between users and supplier, but rather provides websites for one of       
            more wholesalers.  [See Brief at p. 12].                                                  

               We note that Alnwick explicitly states                                                 

                     The default quantity committed to an order is one, but may be                    
                  increased at any time during order creation. If the committed quantity is           
                  increased, it is necessary to "update" the order. If the customer is satisfied      
                  with the contents of his order, he will continue to either a back order             
                  screen or to a billing/shipping screen. The customer may order a quantity           
                  of an order greater than the available quantity creating a "back order" of          
                  the item. The back order screen will display all line items that have been          
                  back ordered along with the quantity of the line item that has been back            
                  ordered. The customer has an opportunity to review the company's back               
                  order terms at this screen. Any back order item will be designated as a             
                  back ordered item on all e-mails, orders and invoices.  [See para 76].              

               The Appellants next argue that the inventory of Ahluwalia is unlike the inventory in   
            the claims, as Ahluwalia discloses an inventory database which contains the updated       
            inventory data at all dealerships and products in process unlike the claimed inventory    
            update and status notification, which the Appellants argue are directed to back order     
            information.                                                                              













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