Ex Parte Crabtree et al - Page 5

             Appeal 2006-2157                                                                                    
             Application 09/752,204                                                                              

         1      • Whether the art applied describes or would have fairly suggested, to one of                    
         2         ordinary skill in the art, that the automated trusted agent is electronically                 
         3         coupled to the public business trading hub and is separate from the buyer                     
         4         entity, the seller entity and the public business trading hub, and wherein                    
         5         details of the one or more private business functions performed by the                        
         6         automated trusted agent remain unknown to other entities accessing the                        
         7         public business trading hub.                                                                  
         8       In particular, the Appellants contend that none of the applied art, including                   
         9   Haddad and Johnson, teach the existence of an automated trusted agent                               
        10   (performing one or more of the recited business functions of the independent                        
        11   claims) to add private relationships (and hierarchical authority) to a public business              
        12   trading hub, thereby allowing, for example, selected mission critical aspects of a                  
        13   fulfillment process (e.g., confidential preferential pricing terms) to be shielded                  
        14   from certain entities while allowing non-critical information or terms in the                       
        15   exchange of commodities to freely flow between entities via the automated public                    
        16   business trading hub.  (Br. 15-16).                                                                 
        17                                                                                                      
        18                         FACTS PERTINENT TO THE ISSUES                                                 
        19       The following facts pertinent to the above issues are supported by a                            
        20   preponderance of the evidence:                                                                      
        21       Barnes teaches a method for facilitating the exchange of goods/services                         
        22   (Abstract)(Fig 1)(Fig 2) utilizing the Internet(Fig 1)(Fig 6B) and incorporating                    
        23   suppliers and buyers(Fig 6B/106)(Fig 6A/84/78) incorporating a bank and a                           
        24   clearing  mechanism(Fig 6A/50/18) as well as an invoicing mechanisms                                


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