Appeal 2007-0325
Application 09/780,248
1 phrase to “which allows a user to enter.” The Appellant has the right to make an
2 amendment in conformity therewith under 37 C.F.R. § 41.50(c).
3
4 Claims 15, 16, and 19 rejected under 35 U.S.C. § 102(e) as anticipated by
5 Barzilai.
6 The art applied shows displaying information which allows a user to enter
7 either one of a bid for said item, or an amount that automatically wins the auction
8 (FF08), and claim 15 and the claims that depend from it do not positively recite the
9 entry of such a number in any event (FF03)6.
10 The Appellant contends that Barzilai does not display information that allows
11 either a bid amount or an amount that automatically wins to be entered (Br. 7). As
12 the above facts demonstrate, Barzilai displays information that allows an amount to
13 be entered. How the amount is treated by the system is not positively recited, but
14 Barzilai clearly provides for treating the amount as one of the two alternative
15 limitations.
16 Accordingly we sustain the Examiner's rejection of claims 15, 16, and 19 under
17 35 U.S.C. § 102(e) as anticipated by Barzilai.
18
6 Auction This!, Buy Price Auctions, p. 136, suggests the construction that the
Appellant appears to argue, viz. entering an amount that the auction system will
interpret as being one of a bid for said item, or an amount that automatically wins
the auction, according to the user’s selection of which of those two ways to treat
the amount (Answer 9), and would be appropriate to add to the rejection were the
claims so amended.
15
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