Appeal 2007-2370
Application 09/373,141
1 09. Shkedy is directed towards an intermediary between buyers and at
2 least one seller. A buyer determines an item or service to be purchased,
3 and enters a conditional purchase order. The buyer receives a maximum
4 offer price from the intermediary which the buyer accepts or rejects. If
5 the buyer accepts the maximum offer price, the buyers' conditional
6 purchase order is combined into a pooled purchase order with other
7 buyers. The pooled purchase order is then made available to sellers to
8 bid on. Any sellers interested in the pooled purchase order will submit a
9 bid responsive to the conditional pooled purchase order, including the
10 maximum offer price. A seller will be selected whose bid is the best, e.g.
11 lowest price. Payment can be provided by the intermediary to the seller
12 having the lowest bid (Shkedy 3:39-57).
13 10. Shkedy’s intermediary binds all buyers to the pool before the sale or
14 bidding occurs (Shkedy 3:6-8).
15 11. Shkedy’s intermediary binds the seller who meets the terms of the
16 pooled purchase order to the seller's fulfillment of that order (Shkedy
17 3:9-11).
18 12. Shkedy allows for pooled purchase orders where multiple sellers may
19 jointly bid to fulfill the purchase order (Shkedy 3:29-31).
20 13. Thus, Shkedy’s buyer selects the category of goods or service to be
21 purchased. Then the buyer selects the particular item or service in the
22 category with a quantity along with any other required buyer specified
23 conditions.
24 14. Shkedy’s intermediary determines the initial maximum offer price that
25 the buyer accepts or rejects (Shkedy 5:43-51).
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Last modified: September 9, 2013