Ex Parte Colson et al - Page 19


                Appeal 2007-0278                                                                              
                Application 10/042,047                                                                        
                      case of a re-sell item), prices paid by other marketplace users                         
                      for the same or similar products of like condition. In one                              
                      embodiment, the user is free to use or ignore the suggested                             
                      price. In embodiments in which auctions are supported, a seller                         
                      may use the suggested price to (1) select a minimum price at                            
                      which bids are to be accepted, and/or (2) select a "buy it now"                         
                      price at which a buyer can immediately purchase the item. As                            
                      described below, marketplace system's user interface may                                
                      support the ability for a user to create a marketplace listing                          
                      (including specifying the selling price and condition), from a                          
                      product detail page or a purchase history listing, with a single                        
                      mouse click or other single selection action (emphasis added).                          
                (Dalzell, ¶ 0071).                                                                            
                See also Dalzell provisional application 60/336409, filed October 31, 2001                    
                at ¶ 0071:                                                                                    
                      [0071] According to one embodiment, the seller may also enter                           
                      in a text line adding condition specifics, such as, for example,                        
                      “Never Been Opened,” “Just Like New,” “Showing Age,” or the                             
                      like (emphasis added).                                                                  
                (Dalzell, ¶ 0071, provisional application 60/336409).                                         

                      When we take account of the inferences and creative steps that a                        
                person of ordinary skill in the art would employ, we conclude it would have                   
                been obvious to a person of ordinary skill in the art at the time the invention               
                was made to improve upon the system taught by Shamoon by implementing                         
                Dalzell’s improvements (as described above) because it would provide                          
                Shamoon’s system with the enhanced capability of  “assist[ing] potential                      
                buyers in efficiently locating the marketplace listings for a particular                      
                product” (Dalzell, ¶ 0013).                                                                   


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