Ex Parte Calo et al - Page 17



             Appeal 2007-0394                                                                                    
             Application 09/769,036                                                                              
             first computer system, does not perform the conversion (there would be no need                      
             for a conversion rate if the originating broker handled the conversion because the                  
             transaction would be handled in the executing country’s currency).  Therefore,                      
             since the term “second computerized system” may include any entity other than the                   
             originating broker (i.e., the first computer system), the inclusion of a conversion                 
             rate outside of the first computer system is sufficient to satisfy, or at least render              
             obvious, the limitations of claims 26.  As such, we sustain the Examiner’s rejection                
             of claims 26 and 29 as unpatentable over the combination of Wagner and Hawkins.                     

             Rejection of claims 8, 12, and 30 under 35 U.S.C. § 103(a) as unpatentable over                     
             Wagner, Hawkins, and Harada                                                                         
                   Appellants argue claims 8 and 12 as a group (Br. 16).  We consider claim 8                    
             as the representative claim from this group, and claim 12 stands or falls with                      
             claim 8. 37 C.F.R. § 41.37(c)(1)(vii) (2006).                                                       
                   Appellants contend that the combination of Wagner, Hawkins, and Harada                        
             fails to teach or suggest (1) an executing affiliate that electronically executes a                 
             transaction order on the exchange” or (2) that the “introducing affiliate                           
             electronically transmits currency for said purchase of said equity to said global                   
             hub” (Br. 19).  We disagree.                                                                        
                   Claim 8 recites, by virtue of its dependency on independent claim 6, a                        
             computerized system for trading securities and commodities that includes, inter                     
             alia, “a computerized executing affiliate in a second country suitable for                          
             electronically receiving said transaction order and executing said transaction order                

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