Ex Parte Harris - Page 18

              Appeal 2007-0325                                                                                         
              Application 09/780,248                                                                                   

         1    screen refresh following the triggering of a refresh button is within the broad scope                    
         2    of the claim.                                                                                            
         3        Accordingly we sustain the Examiner's rejection of claims 23, 24, and 27 under                       
         4    35 U.S.C. § 103(a) as obvious over Barzilai and Auction This!.                                           
         5                                                                                                             
         6       Claims 25 and 26 rejected under 35 U.S.C. § 103(a) as obvious over Barzilai,                          
         7                                Auction This!, and Dinwoodie.                                                
         8        The art applied shows or suggests streaming video or stop motion video in an                         
         9    auction environment (FF28).                                                                              
        10        Accordingly we sustain the Examiner's rejection of claims 25 and 26 under 35                         
        11    U.S.C. § 103(a) as obvious over Barzilai, Auction This!, and Dinwoodie.                                  
        12                                                                                                             
        13    Claim 17 rejected under 35 U.S.C. § 103(a) as obvious over Barzilai and Ladner.                          
        14        The art applied shows or suggests a three-dimensional view of an item for sale                       
        15    in an auction environment (FF31).  The Appellant contends that Ladner does not                           
        16    show an auction context (Br. 11).  However, an auction is a method of selling, and                       
        17    Barzilai makes the connection between linking sales and auctions within the same                         
        18    system, so Ladner’s sales context would have been obvious to a person of ordinary                        
        19    skill in the art.                                                                                        
        20        Accordingly we sustain the Examiner's rejection of claim 17 under 35 U.S.C.                          
        21    § 103(a) as obvious over Barzilai and Ladner.                                                            
        22                                                                                                             



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