Appeal Number: 2006-3365 Application Number: 10/329,921 The appellants then respond Based on Raveis' use of standard software tools to develop form templates, paragraphs [0042] and [0043], and Ravels’ use of databases relating to "'listings ... MLS, MLS data," paragraph [0071], the examiner argues that Ravels specifically teaches "populating a real estate contract form from an existing listing" for a particular real estate property. The reasoning relies on the improper application of hindsight. As stated in W.L. Gore & Associates, Inc. v. Garlock, Inc., 721 F.2d 1540, 220 USPQ 303 (Fed.Cir.1983), "[tie imbue one of ordinary skill in the art with knowledge of the invention in suit, when no prior art reference or references of record convey or suggest that knowledge, is to fall victim to the insidious effect of a hindsight syndrome wherein that which only the inventor taught is used against its teacher." Here, the only reason to combine the teachings of the applied references in the manner proposed by the examiner results from a review of appellants' disclosure and the application of impermissible hindsight. Raveis’ ability to create a generic form with data populated from an unspecified database, together with Raveis' discussion era multiplicity of databases, fails to teach or suggest specifically "populating a real estate contract from an existing listing." (Reply Br. 4). We note that Raveis actually states [0109] Sale Transactions are contracts for the proprietor customers to purchase homes listed by the proprietor or other agencies. Sale transactions may or may not be associated with a proprietor listing. Commissions are a significant part of the sale transaction. [0110] The business rules for sale transaction will be as follows. Property Address including: address, city, state and zip code, Valid MLS # (or "None" for a non-MLS entry), at least one buyer but not more than five (must be a valid contact) and at least one seller but not more than five (must be a valid contact) must be entered to save a sale transaction. Listing Agency values can come from the MLS, can be entered by hand, or in the case of a proprietor listing are taken from 6Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007