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`Exhibit 16
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`Exhibit 16
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`IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
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`In re Patent application of:
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`Applicant(s):
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`Jeffrey Bruce McGeorge
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`Serial No:
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`10/415,022
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`Filing Date:
`Title:
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`September 5, 2003
`TRADING SYSTEM
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`Examiner:
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`Ella Colbert
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`Art Unit:
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`3694
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`Docket No.
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`CULLPO177US
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`REPLY TO OFFICE ACTION DATED NOVEMBER 27, 2007
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`MS RCE
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`Commissioner for Patents
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`P.O. Box 1450
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`Alexandria, VA 22313-1450
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`Sir:
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`Favorable reconsideration of the above-referenced application is respectfully
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`requested in view of the following part(s) of this reply:
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`Amendments to the Claims
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`Remarks
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`Enclosures:
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`[
`[
`[
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`l
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`Credit Card Payment
`Petition for Extension of Time
`Information Disclosure Statement
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`In the event any fee or additional fee is due in connection with the filing of this
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`paper, the Commissioner is authorized to charge those fees to our Deposit Account No.
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`18-0988 (under the above Docket Number).
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`In the event an extension of time is
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`needed to make the filing of this paper timely and no separate petition is attached,
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`please consider this a petition for the requisite extension and charge the fee to our
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`Deposit Account No. 18-0988 (under the above Docket Number).
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`Page 1 of 7
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`Amendments to the Claims
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`1.
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`(currently amended) A method of informing users of stock market events
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`comprising the steps of:
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`(a)
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`(b)
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`receiving real-time stock market data on a network of computers;
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`the network of computers receiving instructions from a user to specify
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`stock market technical analysis criteria to be applied to the stock market data relating to
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`at least one stock to arrive at at least one user-specified technical analysis indicator
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`value which signals the occurrence of a change in stock value significant to the user
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`(c)
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`the network of computers applying the user-specified stock market
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`technical analysis criteria to the real-time stock market data in real-time to arrive at at
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`least one calculated technical analysis indicator value based on the real-time stock
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`market data; and
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`(d)
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`the network of computers causing a real-time notification to be provided to
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`the user via the a remote communications device upon the occurrence ofan-event th_e
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`change in stock value significant to the user defined by comparing the at least one
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`calculated technical analysis indicator value to the at least one user-specified technical
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`analysis indicator value as real-time changes in the stock market data occur, arising
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`steelemarket—data the real-time notification directed to a remote communications device
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`of the user.
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`2.
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`(previously presented) A method as claimed in claim 1, wherein the
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`receiving step includes receiving instructions from the user to provide technical analysis
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`criteria for specific stocks, and providing the requested technical analysis criteria for the
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`specific stocks via the remote communications device.
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`3.
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`(previously presented) A method as claimed in claim 1, wherein the
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`receiving step includes receiving instructions from the user to provide technical analysis
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`Page 2 of 7
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`criteria of overall stock market trends, and providing the requested technical analysis
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`criteria of the overall stock market trends via the remote communications device.
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`4.
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`(previously presented) A method as claimed in claim 1, wherein the
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`remote communications device comprises a users fixed or mobile telephone, a
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`personal computing device, a facsimile or pager of the user.
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`5-9.
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`(cancelled)
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`Page 3 of 7
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`Remarks
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`The various parts of the Office Action (and other matters, if any) are discussed
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`below under appropriate headings.
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`Claim Rejections - 35 us. C. § 112
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`Claim 1 has been amended to amend the phrase "occurrence of an event" to
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`read "occurrence of a change in stock value significant to the user". This should
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`resolve any issue regarding any indefiniteness in claim 1.
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`Claim Rejections - 35 us. C. § 101
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`Reconsideration of the rejection under 35 U.S.C. § 101 is respectfully requested
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`in view of the amendments made to claim 1.
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`It is respectfully submitted that the claims
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`are directed to a useful, concrete and tangible result.
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`The Examiner contended that claim 1 "does not produce tangible results, but
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`merely determinations. These determinations might remain entirely inside the mind of
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`the person doing the determining. These results are not tangible and concrete, and
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`thus not eligible subject matter, and thus are rejected."
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`In response, the claims of the application have been amended to clarify the
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`operation of the method of the invention in order to highlight further the "useful,
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`concrete and tangible result" to which the claims are directed.
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`The method of claim 1 does produce tangible results, in the form of a real-time
`notification which is fon/varded to the user via a remote communications device. The
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`"determinations" to which the Examiner is referring are not determinations as such but
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`are instead a comparison of the calculated technical analysis indicator values which are
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`arrived at by application of the user-specified technical analysis criteria to the real-time
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`stock market data which is received on the network of computers. Once the computer
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`scanner identifies that the calculated technical analysis indicator values meet the user-
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`specified technical analysis indicator values, a real-time notification issues and is sent
`to the user's remote communication device to advise the user of the match.
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`80, the "determinations" referred to by the Examiner do not occur in the mind of
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`a person doing the determining as there is no such person. The "determinations" are
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`performed by the network of computers.
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`Page 4 of 7
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`Claim 1 also provides the further action of causing a real-time notification to be
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`provided to the user. The real-time notification is a real-world result, as the notification
`is forwarded to a remote communications device of the user.
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`Therefore, in terms of the features of claim 1 that are directed to a useful,
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`concrete and tangible result, the following further comments are provided:
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`1.
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`Useful - the method is useful as it produces and communicates a real-
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`time technical analysis alert to a user to notify the user of the occurrence
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`of a change in a stock which the user has requested that he be notified of
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`allowing the user to take advantage of the change;
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`2.
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`Concrete - the method is substantially repeatable, producing a notification
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`to a user whenever the at least one calculated technical analysis indicator
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`value matches at least one user-specified technical analysis indicator
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`value; and
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`3.
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`Tangible - the "real-world" result is the production and communication of
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`the notification of the change in the stock to the user via the remote
`communications device of the user.
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`Claim Rejections - 35 us. C. § 102 and § 103
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`The Examiner contends that the claims are anticipated by WO 00/11587 (Satow)
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`or obvious in the light of Satow in view of US 6317728 (Kane).
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`The Examiner's comments regarding claim 1 on page 5 of the Office Action have
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`been carefully considered, but the features (b) and (c) of claim 1, which the Examiner
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`contends are disclosed at particular portions of Satow, are clearly not disclosed at those
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`portions.
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`For instance, the Examiner contends that feature (b) of claim 1 is taught at page
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`6, line 14 through page 7, line 11 and Figure 2 (212) of Satow. This portion of the
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`Satow document discloses a system to match a user's buy and sell characteristics of a
`stock with the available characteristics of the stock in real time.
`It is well known in the
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`art that buy and sell data is perhaps the simplest of all data available in relation to a
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`stock and the data required or used in technical analysis, is more complex with more
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`trading parameters of the stock utilised, typically including at least price and volume
`traded.
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`Page 5 of 7
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`Again, as pointed out in the response to the first Office Action, Satow does not
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`teach technical analysis. Satow has not been found to include any disclosure at all of
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`taking incoming stock market details, applying technical analysis criteria to those
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`incoming details to produce a technical analysis indicator value, and then notifying the
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`user when the calculated technical analysis indicator value matches a user specified
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`technical analysis indicator value. The Satow system matches a user's desired stock
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`price with stock once it reaches that price, purchases the stock and notifies the user
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`that the stock has been purchased.
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`The Satow system only matches real-time stock price (not volume of stock
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`traded in a deal) with the user's desired stock price in order to gauge when to buy the
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`stock. There is no technical analysis discussed in Satow.
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`In contrast, the method of claim 1 enables a system where a user can provide
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`complex parameters to a computer network which then takes incoming live trading data
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`(e.g. price and volume), performs technical analysis on the incoming live trading data to
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`establish an underlying value of stock, compares the underlying value of the stock to
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`the use specified parameters, and then notifies the user when their parameters are met.
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`The basic difference between Satow and the method of claim 1 is that Satow
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`merely monitors stock price and the number of stocks available and matches those with
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`the users requirements. The method of the present invention analyses the underlying
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`value of the stock using technical analysis and then notifies the user in real time when
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`the user technical analysis criteria are met.
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`The Satow system and the method of claim 1 admittedly have similarities,
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`namely both take instructions from a user, and compare the instructions to stock market
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`data. The Satow system, however, actually conducts a transaction in relation to the
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`share when the instructions match the data and then notifies the user, whereas the
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`present invention receives the data, performs complex analysis on the data according
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`to the user's instructions, and then simply notifies the user of any matches that occur.
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`Similarly, the secondary reference, Kane, is used only to disclose a remote
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`communications device of particular types and therefore does not anticipate nor render
`obvious the claimed method.
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`As to obviousness, given the simplicity of the Satow system and the complexity
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`of the present system in performing technical analysis and comparing to user specified
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`parameters, as well as the lack of teaching of technical analysis being used in Satow, it
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`Page 6 of 7
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`is submitted that Satow does not render the present invention obvious, whether in
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`combination with Kane or per 39.
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`Conclusion
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`In view of the foregoing, request is made for timely issuance of a notice of
`allowance.
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`Respectfully submitted,
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`RENNER, OTTO, BOISSELLE & SKLAR, LLP
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`/Don W. Bulson/
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`By
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`Don W. Bulson, Reg. No. 28,192
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`1621 Euclid Avenue
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`Nineteenth Floor
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`Cleveland, Ohio 44115
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`(216) 621-1113
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`Page 7 of 7
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