Ex Parte Harris - Page 6

              Appeal 2007-0325                                                                                         
              Application 09/780,248                                                                                   

         1       • Whether claim 28 is properly rejected as anticipated by Holden.                                     
         2              o Whether the art applied shows treating a bid received within a                               
         3                  predetermined period of time before an end time of an auction less                         
         4                  favorably than bids received prior to said predetermined period (Br. 7-                    
         5                  8).                                                                                        
         6       • Whether claims 5-7 are properly rejected as obvious over Shoham and eBay                            
         7           Help.                                                                                             
         8              o Whether the art applied teaches or suggests defining rules for actions                       
         9                  in an auction, said rules including at least a time when the action will                   
        10                  take place, and an actual action that will take place at the defined                       
        11                  time; and keeping the rules secret until the defined time (Br. 85).                        
        12       • Whether claims 9-11 are properly rejected as obvious over Shoham and                                
        13           Harrington.                                                                                       
        14              o Whether the applied art teaches or suggests making a decision at the                         
        15                  local computer to accept or reject a new bid from a user at the local                      
        16                  computer; and only if the new bid is accepted at said local computer,                      
        17                  sending information about the new bid to the server computer,                              
        18                  wherein said accepting a bid comprises comparing a local bid to said                       
        19                  highest bid information, and sending said information to said server                       
        20                  computer only when said local bid is higher than said highest bid                          
        21                  information (Br. 9-10).                                                                    

                                                                                                                       
              5 The Appellant includes claim 8 in their contentions regarding this issue, but claim                    
              8 is cancelled.                                                                                          
                                                           6                                                           


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