Ex Parte Harris - Page 12

              Appeal 2007-0325                                                                                         
              Application 09/780,248                                                                                   

         1           20. Thus, Harrington shows an auction system in which the highest bid is                          
         2               continually shared by the server with all of the clients, and that software                   
         3               on the bidders’ computers in a JAVA implementation provides                                   
         4               computational assistance in preparing bids and comparing them to the                          
         5               highest bid, and only then are the bids submitted after a confirmation                        
         6               step.                                                                                         
         7           21. Thus, Harrington shows making a decision at the local computer to                             
         8               accept or reject a new bid from a user at the local computer; and only if                     
         9               the new bid is accepted at said local computer, sending information                           
        10               about the new bid to the server computer, wherein said accepting a bid                        
        11               comprises comparing a local bid to said highest bid information, and                          
        12               sending said information to said server computer only when said local                         
        13               bid is higher than said highest bid information.                                              
        14           22. The Examiner took official notice that web browsers have the capacity                         
        15               to automatically refresh, i.e., update their contents, when appropriately                     
        16               triggered (Answer 10).                                                                        
        17           23. The Appellant contends that when the trigger is manually pressing a                           
        18               refresh button, the action is not automatic (Br. 10).                                         
        19           24. Claim 23, and the claims depending from it do not specify what                                
        20               degree of automation is provided.  Certainly, the instructions that a                         
        21               program follows to refresh data after an operator triggers a refresh                          
        22               automatically updates the information.  Further, push technology, which                       
        23               caused a server to continually refresh clients with data in web                               
        24               applications was notoriously old and well known at the time of the                            
        25               invention.                                                                                    

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