Appeal 2007-3540
Application 09/946,616
1 Bogosian describes several implementations of the purchase function. Several
2 embodiments do require manual action, and the Appellants relies on these
3 embodiments to supports their position. Bogosian also describes alternative
4 embodiments using Amazon’s 1-click service that requires no manual action other
5 than selecting the item to purchase or bid on (FF 15-20).
6 Bogosian also describes receiving authorization from a user in the form of a
7 set-up operation prior to the beginning of a purchase transaction for Amazon 1-
8 click purchases (FF 16). How Amazon 1-click accomplishes these purchase and
9 set-up operations are described in U.S. Pat. No. 5,960,411, which Bogosian wholly
10 incorporates by reference (FF 14). Thus, the payment process, which begins after
11 selecting the item to be purchased, of Bogosian that employs the Amazon 1-click
12 embodiment requires no manual action.
13 The email response to an Amazon 1-click purchase that the Appellants argue
14 requires manual intervention is only one embodiment, for those cases in which the
15 process does not determine whether the purchaser is an Amazon 1-click user until
16 the user responds to the email (FF 21). This would be inapplicable for those
17 embodiments in which purchaser had previously indicated such a status (FF 16).
18 Thus, the Appellants have not sustained their burden of showing that
19 Bogosian fails to anticipate an automatic payment method and receiving
20 authorization from a user prior to the beginning of an electronic auction to execute
21 an automatic payment method after the conclusion of the electronic auction.
22 The Appellants’ second argument is that the reliance on a credit card to pay the
23 seller fails to anticipate automated deduction of funds from a payment account and
24 transference to a user (seller) account. The Appellants’ explanation linking this
25 operation to the claimed plurality of payment accounts appears to argue that the
14
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