Appeal 2007-0278
Application 10/042,047
patented and the prior art are such that the subject matter as a whole
would have been obvious at the time the invention was made to a
person having ordinary skill in the art to which said subject matter
pertains. Patentability shall not be negatived by the manner in which
the invention was made.
Claims 3, 9, 15, 21, 29, and 37 are rejected under 35 U.S.C. 103(a) as
being unpatentable over Shamoon (US 2004/0107356 A1) in view of
Dalzell et al. (US 2003/0204447 that is a non-provisional of provisional
application 60/336409, filed October 31, 2001).
Claims 3, 9, 15, 21, 29, and 37
Shamoon discloses the invention substantially as claimed (see the
Examiner’s rejections of corresponding independent claims 1, 7, 13, 19, 27,
and 35, respectively, as set forth in the Answer (pp. 4-5), and incorporated
herein by reference.
However, Shamoon does not explicitly teach: “wherein the prices of
the options are based on an age of the at least a portion of the single web
page content,” as claimed (claims 3, 9, 15, 21, 29, and 37).
Dalzell teaches and/or suggests the prices of the options are based on
an age of the at least a portion of the single web page content:
See e.g., paragraph 0071:
[0071] In accordance with another aspect of the invention, the
online marketplace system may provide a service for suggesting
a suitable selling or asking price to the creator of a marketplace
or preorder listing, respectively. For example, the system may
use one or more of the following criteria to suggest a selling
price to a user who is creating a marketplace listing: the
current retail price for the product, the manufacture's suggested
retail price, the condition and/or age of the product (as specified
by the user, or predicted from the user's purchase history in the
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