Appeal 2007-0325
Application 09/780,248
1 either one of a bid for said item, or an amount that automatically wins
2 the auction,” is not positively recited within the claim (Answer 4, 15; Br.
3 6).
4 07. From a claim construction standpoint, allowing a user to enter either
5 one of a bid for said item, or an amount that automatically wins the
6 auction is no more limiting than allowing a user to enter an amount,
7 since the functional relationship between the amount and the operation
8 of the procedure is not positively recited.
9 08. Barzilai shows displaying an item for sale by auction over a network
10 and displaying information to enter a bid for said item (Barzilai, Fig. 5
11 and col. 1, ll. 48-67).
12 09. Thus, Barzilai shows displaying information which allows a user to
13 enter either one of a bid for said item, or an amount that automatically
14 wins the auction.
15 10. Claim 28 requires that a bid received towards the end of an auction is
16 treated "less favorably" than a bid received prior to that predetermined
17 period (Br. 7).
18 11. The Examiner states that because Holden’s late arriving bids cause an
19 auction extension, they are treated differently and less favorably than
20 those earlier received (Answer 15-16).
21 12. Holden states that
22 In a further embodiment of the method and system, an
23 automatic extend ("auto extend") feature is available in block
24 709. This feature is enabled during the scheduling phase of the
25 auction, but is not acted upon until the scheduled end time. If
9
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Last modified: September 9, 2013