Ex Parte ISSA - Page 3

           Appeal 2007-2370                                                                         
           Application 09/373,141                                                                   

        1                    [iii] at a minimum discount rate                                       
        2              [b] from at least one buyer registered to participate in the                 
        3              auction; and                                                                 
        4        [3] declaring at least one successful seller of the monetary amount                
        5              [a] for the specified category of items based on the bid                     
        6              [b] from the successful seller or sellers                                    
        7              [c] having the greatest discount rate greater than or equal to the           
        8              minimum discount rate and                                                    
        9              [d] best meeting the buyer's individual conditions.                          
       10                                                                                           
       11      This appeal arises from the Examiner’s Final Rejection, mailed August 19,            
       12  2005.  The Appellant filed an Appeal Brief in support of the appeal on October 3,        
       13  2005.  An Examiner’s Answer to the Appeal Brief was mailed on October 31,                
       14  2005.                                                                                    
       15                                   PRIOR ART                                               
       16      The Examiner relies upon the following prior art:                                    
       17 Shkedy US 6,260,024 B1  Jul. 10, 200117                                                                                          
       18  eCommerce / Buying Service Counts On Strength in Numbers, The Washington                 
       19  Post, Long Island, N.Y, Mar 22, 1999. pg. C.07                                           
       20  Appellant’s admitted prior art (Specification 1:12 – 2:17).                              
       21                                  REJECTIONS                                               
       22      Claims 1-62 stand rejected under 35 U.S.C. § 103(a) as unpatentable over             
       23  Shkedy and the Appellant's admitted prior art.                                           
       24      Claim 63 stands rejected under 35 U.S.C. § 103(a) as unpatentable over               
       25  Shkedy, eCommerce, and the Appellant's admitted prior art.                               


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