Ex Parte Harris - Page 11

              Appeal 2007-0325                                                                                         
              Application 09/780,248                                                                                   

         1               secret from those they were intended to uncover until such time as the                        
         2               behavior triggered the rule and access was closed.                                            
         3           18. Also, as the Examiner indicated, eBay discloses the reserve price                             
         4               auction at page 1"What Is a Reserve Price Auction," where the bidding                         
         5               rule is that a reserve price is kept secret until a defined time (the time at                 
         6               which bids meet or exceed the reserve price).  It would have been                             
         7               obvious to one of ordinary skill in the art at the time of the invention to                   
         8               modify Shoham with a secret rule, such as that of eBay, because this                          
         9               would allow a seller to not sell at an unacceptably low price (Answer 8).                     
        10           19. Harrington describes a process of conducting an auction and of                                
        11               comparing bids during the auction.  In particular, Harrington states                          
        12           The bidders' computers are provided with commercially available                                   
        13           browser software that communicates through the network with an                                    
        14           auctioneer's server. Auction terms and conditions, and a description of                           
        15           the instruments to be auctioned, are broadcast or otherwise made                                  
        16           available by the auctioneer's server to the bidders' computers. During                            
        17           the auction the auctioneer's server broadcasts or otherwise makes                                 
        18           available selected bid information such as bidder status (i e., leader or                         
        19           not leader), or the current highest bid and, if desired, the identity of                          
        20           the current highest bidder. Software on the server, or perhaps on the                             
        21           bidders' computers in a JAVA implementation, guides the bidders                                   
        22           through the bidding process and provides computational assistance in                              
        23           preparing their bids and comparing them to the current highest bid.                               
        24           The bidder may prepare a tentative bid, review it and modify it before                            
        25           submitting it. A confirmation step may be implemented to insure that                              
        26           the bid is correct before it is submitted. When a bid is "submitted", it                          
        27           is compared with the current highest bid. If the submitted bid is higher                          
        28           than the current highest bid, it becomes the new current highest bid                              
        29           and, if desired, is made available to all bidders. (Harrington, col. 5, ll.                       
        30           14-36).                                                                                           


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