Appeal 2007-2370
Application 09/373,141
1 ISSUES
2 The issues pertinent to this appeal are
3 • Whether the Appellant has sustained its burden of showing that the
4 Examiner erred in rejecting claims 1-62 under 35 U.S.C. § 103(a) as
5 unpatentable over Shkedy and the Appellant's admitted prior art.
6 • Whether the Appellant has sustained its burden of showing that the
7 Examiner erred in rejecting claim 63 under 35 U.S.C. § 103(a) as
8 unpatentable over Shkedy, eCommerce, and the Appellant's admitted prior
9 art.
10 The pertinent issues turn on whether Shkedy shows or suggests a bid for a
11 category of items having a discount rate.
12 FACTS PERTINENT TO THE ISSUES
13 The following enumerated Findings of Fact (FF) are believed to be supported
14 by a preponderance of the evidence.
15 Claim Construction
16 01. The disclosure provides no lexicographic definition for “discount” or
17 “discount rate.”
18 02. The phrase “discount rate” has an idiomatic meaning of (1) the
19 interest deducted in advance in purchasing, selling, or lending a
20 commercial paper; or (2) the interest rate charged by a central bank on
21 loans to its member banks.1
1 American Heritage Dictionary of the English Language (4th ed. 2000).
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