Appeal 2007-2370
Application 09/373,141
1 03. The usual and ordinary meaning of “discount” as a noun is (1) a
2 reduction from the full or standard amount of a price or debt; (2) the
3 interest deducted prior to purchasing, selling, or lending a commercial
4 paper; the discount rate; or (3) the act or an instance of discounting a bill
5 of exchange, note, or other commercial paper.
6 04. The disclosure provides no lexicographic definition for “negotiate”.
7 05. The usual and ordinary meaning of “negotiate” is (1) to arrange or
8 settle by discussion and mutual agreement; (2) to transfer title to or
9 ownership of; (3) to sell or discount; (4) to succeed in going over or
10 coping with; or (5) to succeed in accomplishing.
11 06. Claim 1 recites three steps: [1]; [2]; and [3]. Step [3] cannot be
12 performed until after steps [1] and [2] are completed, but the claim does
13 not recite any other limitation regarding sequence of operation. Claim 1
14 also does not recite any limitation on the amount of time that transpires
15 between these steps themselves, or between these steps and any other
16 events.
17 07. Claim 1, step [2.ii.] recites that a single item may be the subject of the
18 recited commitment.
19 Disclosure
20 08. The Appellant’s disclosure describes a process in which sellers
21 perform bidding as opposed to buyers as a reverse auction (Specification
22 1:12-13).
23 Shkedy
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