Document Name:
`Control Number:
`Date Submitted:
`To:
`Case Identifier:
`Application No.:
`Unexamined Pub.:
`
`Submission of Publications, etc.
`TOSHO-1
`April 18, 2005
`Commissioner, Japan Patent Office
`
`Patent Application 2001-564025
`Published Japanese Translation No. 2004-504652 of the PCT
`International Publication
`
`Submitted By:
`391029141
`ID Number:
`Address or Residence: 2-l Nihonbashi Kabuto-cho, Chuo-ku, Tokyo
`Name or Title:
`Tokyo Stock Exchange, Inc.
`Representative:
`ID Number:
`Patent Agent:
`Name or Title:
`Telephone Number:
`Selected Agent:
`ID Number:
`Patent Agent:
`Name or Title:
`
`100083806
`
`Hidekazu MIYOSHI
`03 3504-3075
`
`100109380
`
`Kei KONISHI
`
`Publications Submitted:
`1. "Next-Generation Futures and Options Trading System—Participants Seminar Materials"
`September 1997
`2. "Futures/Options Trading System—Guidelines for Operating the Trading Terminals"
`August 1998 (First Edition)
`3. "Tokyo Stock Exchange 50-Year Chronicle—Document Collection—System Volume"
`July 31, 2000
`4. "Notice of System Correction"
`
`Reason for Submission
`(1) Conclusion
`I. The inventions of claims 1, 8, and 15 of the present application all have reasons for
`
`1
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`TRADESTATION, IBG, ET AL. v. TRADING TECH
`CBM2015-00179, CBM2015-00181, CBM2015-00182
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`rejection under Patent Law Section 29(1)(iii) through Patent Law Section 29(2), so there is a
`reason for providing the information specified by Patent Law Enforcement Regulation 13bis(l)(ii).
`Claims 2 through 7, which are dependent on claim 1 of the present application, claims 9 through
`14, which are dependent on claim 8, and claims 16 through 21, which are dependent on claim 15,
`all have reasons for rejection under Patent Law Section 29(2), so there is a reason for providing
`the information specified by Patent Law Enforcement Regulation l3bis(1)(ii).
`
`The inventions of claims 22, 29, and 35 of the present application all have reasons for
`II.
`rejection under Patent Law Section 29(1)(iii) through Patent Law Section 29(2), so there is a
`reason for providing the information specified by Patent Law Enforcement Regulation l3bis(1)(ii).
`Claims 23 through 28, which are dependent on claim 22 of the present application, claims 30
`through 34, which are dependent on claim 29, and claims 36 through 40, which are dependent on
`claim 35, all have reasons for rejection under Patent Law Section 29(2), so there is a reason for
`providing the information specified by Patent Law Enforcement Regulation l3bis(1)(ii).
`
`(2) Objects and Effects of Inventions Pertaining to Claims 1, 8, and 15 of the Present Application
`and of Inventions Pertaining to Claims 22, 29, and 35
`
`The objects and effects of the inventions pertaining to claims 1, 8, and 15 of the present
`
`application ("invention l of the present application"), in light of the description at specification
`paragraphs [0009], [0010], and [0022], are to enable intuitive and easy understanding of product
`trading fluctuations and other characteristics when there are rapid changes in the product price
`field and trading volume field on a product trading screen, thereby dramatically reducing the time
`a trader needs to place a trade, thus increasing the likelihood that the trader will have orders filled
`at desirable prices and desirable quantities.
`
`The objects and effects of the inventions pertaining to claims 22, 29, and 35 of the present
`
`application ("invention 2 of the present application"), in addition to the objects and effects of the
`aforesaid invention 1 of the present application, and in light of the description at specification
`paragraph [0015], etc., are to enable placing a trade rapidly with a single operation after product
`trading fluctuations and other characteristics are ascertained.
`
`(3) Summary of the Invention 1 of the Present Application
`
`In order to achieve the aforesaid objects and effects, invention l of the present application
`
`is summarized as the following claims 1, 8, and 15.
`
`Claim 1
`
`2
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`A method of displaying market depth of a product traded in a market on an electronic
`
`display device, the method comprising:
`
`dynamically displaying a plurality of bids in said market pertaining to said product,
`
`dynamically displaying a plurality of asks in said market pertaining to said product, and
`
`statically displaying prices corresponding to said plurality of bids and prices
`corresponding to said plurality of asks;
`wherein,
`
`said plurality of bids and said plurality of asks are dynamically displayed aligned with the
`corresponding prices.
`
`Claim 8
`
`A computer readable medium having program code recorded thereon for execution on a
`computer for displaying market depth of a product traded in a market, comprising:
`
`a first program code for dynamically displaying a plurality of bids in said market
`pertaining to said product,
`
`a second program code for dynamically displaying a plurality of asks in said market
`pertaining to said product, and
`
`a third program code for statically displaying prices corresponding to said plurality of
`bids and prices corresponding to said plurality of asks;
`wherein,
`
`said plurality of bids and said plurality of asks are dynamically displayed aligned with the
`corresponding prices.
`
`Claim 15
`
`A graphic user interface for displaying market depth of a product traded in a market,
`comprising:
`
`a dynamic display of a plurality of bids in said market pertaining to said product,
`
`a dynamic display of a plurality of asks in said market pertaining to said product, and
`
`a static display of prices corresponding to said plurality of bids and prices corresponding
`to said plurality of asks;
`wherein,
`
`said plurality of bids and said plurality of asks are dynamically displayed aligned with the
`corresponding prices.
`
`(4) Comparison of Contents Described in Submitted Publications and Invention 1 of the Present
`Application
`
`3
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`I. "Next-Generation Futures and Options Trading System—Participants Seminar Materials"
`
`"Next-Generation Futures and Options Trading System—Participants Seminar Materials"
`
`("Publication 1") discloses:
`
`i) The trading terminal is a general-purpose PC whereon Windows, etc., is installed as the
`operating system and having a screen configuration in which "Tokyo Stock Exchange
`Futures/Options Trading System" is displayed in the upper left part of the screen (Publication l,
`page 4, "(1) Terminal Functions for Trading, a. Basic Screen Configuration and Method of
`Operation"), and a configuration wherein order prices are displayed arranged in the center of the
`screen, and sell and buy order quantities are displayed in a column to the left and a column to the
`right of the order price corresponding to the order and aligned therewith (diagram in Publication
`1, page 5, "Display content of board screen (Example: A two-partition board screen)"
`(Furthermore, it is clear that the column to the left of the order prices in that diagram is the sell
`order quantity because in the diagram in Publication 1, page 5 "Display Content of Quotation
`Screen Display," the issue name "Long-term Gov. Bond 912" displayed in the two-partition
`board screen has the quantity "22" in the left column very close to order price "12695", whereas
`in the quotation screen display diagram, for the same price for the same issue, the quantity "22" is
`displayed as the "sell quote" quantity. Similarly, it is clear that the column to the right of the
`order prices in the board screen diagram is the buy order quantity because in Publication 1, page
`7, in the "(a) New Order Entry" diagram, when the right column's order quantity display area is
`double clicked, the "3" shown in "buy" in "Sell/Buy Category" in the new order input window
`that is displayed next is automatically entered.),
`
`ii) The display is automatically updated every three seconds on both the board screen and the
`quotation screen (Publication l page 4, "(l) Terminal Functions for Trading, b. Partitioned
`Boards/Quotation Screens,'' third line), and
`
`iii) The board screen has a configuration wherein order prices are displayed in the center of the
`screen (diagram in Publication 1, page 5, "Display content of board screen (Example: A two(cid:111)
`partition board screen)."
`
`Furthermore, consider the point that, in the diagram in Publication 1, page 5, "Display
`
`content of board screen (Example: A two-partition board screen)," which recites that "the display
`is automatically updated every three seconds," the "order prices" are always disposed in the
`screen center and the buy quantity and the sell quantity, which are aligned with the "order
`prices," are referenced. This functions as a reference column for understanding the quantity, and,
`unlike the "order quantity," does not have the characteristic that its value should be
`
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`changed at a frequency of three-second intervals, so Publication l suggests a configuration
`wherein the "order quantity" display is "static" in relation to buying and selling, or at least it is
`obvious.
`
`Also, "market depth" in the present application's claims is clearly defined in paragraph
`
`[0014] of the present application's specification: "The market depth of a product is the current bid
`price and ask price in the market, and the buying trading volume and the selling trading volume";
`these are all described as something displayed on the same display screen in Publication 1 and in
`Publication 2 that will be described later.
`
`Publication 1 is a publication that was distributed to participants at a meeting to explain
`
`the Tokyo Stock Exchange's "Next-Generation Futures/Options Trading System" in September
`1997, which was before the present application's earliest priority date of March 2, 2000 (see
`Publication 1, cover page).
`
`II. "Futures/Options Trading System–Guidelines for Operating the Trading Terminals"
`
`"Futures/Options Trading System–Guidelines for Operating the Trading Terminals" ("Publication
`2") discloses:
`
`i) a trading terminal that is a client terminal having a screen configuration whereon "Tokyo Stock
`Exchange Futures/Options Trading System" is displayed in the upper left part of the screen
`(Publication 2, page 2-1, page 5-1, "5-1 The Main Window"), and a configuration wherein order
`prices (11) are displayed arranged in the center of the screen, and sell and buy order quantities
`(12) are displayed in a column to the left and a column to the right of the order price
`corresponding to the order and aligned therewith (diagram in Publication 2, page 7-17, "7-3-1
`Board Screen Display Items, 2-split Board Screen"; page 7-21, "This displays the order price
`(market order/on-close order/limit-price order). Moreover, for the limit-price part, the 2-partition
`board screen will display "20 prices," and the 4/6-partition board screens will display "7
`prices."")
`
`(Furthermore, it is clear that the column to the left of the order prices in that diagram is
`
`the sell order quantity and that the column to the right is the buy order quantity because of the
`description in Publication 2, page 7-22, "In the quotation display, the following codes are
`displayed to the left of the prices for bid quotations, and displayed to the right of the prices for
`ask quotations.")
`
`ii) The display is automatically updated at three-second intervals on both the board screen and the
`quotation screen (Publication 2, page 7-1, "Chapter 7. Board/Quotation Information Queries,"
`fourth line).
`
`iii) The board screen has a configuration wherein the display of board information is
`
`5
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`updated such that the "board display center price" is always displayed in the center part of the
`board, and the "board display center price" is determined in the priority sequence of, for example,
`(1) the "warning/special quotation price," (2) the "applicable order price if there has been a buy
`order or sell order with priority higher than the latest contract price," and (3) the "latest contract
`price," etc. In the case of a 2-partition board screen, for example, "three prices up and down" is
`set for the "floating display area" of the "board display center price," and when the board display
`center price set according to the priority sequence is in the "floating display area" it is not
`displayed updated in the board center portion (Publication 2, page 7-25, "7-3-2 Board Display
`Center Price"; same table, "<Example of Automatically Revised Display: Uncompressed Price
`Display—6-Partition Board Screen (Floating Display Area with One Price Up and Down)>" etc.),
`
`It also has a configuration wherein order prices are fixedly displayed in the screen center
`
`unless there is scrolling (Publication 2, page 7-26, "7-3-3 Board Information Scrolling, same
`page, diagram of <Example of Scroll Operation>).
`
`Furthermore, as in the aforesaid I, there is a configuration wherein "order prices" are
`
`always disposed in the screen center, and the buy quantity and the sell quantity are referenced in
`alignment with the "order price." This functions as a reference column for ascertaining the
`quantity, and, unlike "order quantity," does not have the characteristic that its value should be
`changed at a frequency of three-second intervals, so Publication 2 at least suggests a
`configuration wherein the "order quantity" display is "static" in relation to buying and selling, or
`it is obvious.
`
`Publication 2 is a publication that was distributed to users of the Tokyo Stock Exchange's
`
`"Next-Generation Futures/Options Trading System" in August 1998, which was before the
`present application's earliest priority date of March 2, 2000 (see Publication 2, page Appendix 4-
`1).
`
`Furthermore, the fact that the "next-generation futures/options trading system" that was
`
`the subject of the "operational guidelines" was a system that was operating in November 1998,
`which was before the present application's earliest priority date of March 2, 2000, is clear from
`the "Tokyo Stock Exchange 50-Year Chronicle—Document Collection—System Volume"
`("Publication 3"), which states that "The futures trading system, which was the forerunner of the
`futures/options trading system, began operations in April of 1988, targeting government bond and
`securities futures contracts, which had begun trading in October of 1985. After this, the ultra-
`long-term government bond futures contracts (July of 1988), the Tokyo Stock Exchange Price
`Index (TOPIX) futures contracts (September, 1988), and the like were added, and this system
`was replaced in 1990 as the "futures/options trading system," and began trading in government
`securities futures and options.
`
`6
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`On the other hand, the stock index options trading system targeted the Tokyo Stock Exchange
`Price Index (TOPIX) options contracts, and operations started up in October 1999 at the same
`time those contracts started trading. As a measure to deal with the aging of these two systems,
`these systems were replaced, and in November 1998 the futures/options trading system began
`operation anew." (Publication 3, page 265, line 9 to last line).
`
`In addition, the fact that these same "operational guidelines" were in a publication
`
`actually distributed to users of trading terminals of the "next-generation futures/options trading
`system" is obvious because the provision of the same "operational guidelines" is described in the
`"Notice of System Correction" ("Document 1") sent to users of trading terminals of the next-
`generation futures/options trading system."
`
`III. Conclusion
`
`Therefore, the inventions of claims l, 8, and 15 of the present application are all
`
`inventions essentially identical to inventions described in Publication 1, or at least are inventions
`that could easily be conceived by a person skilled in the art based on the inventions described in
`Publication 1.
`
`Also, the inventions of claims l, 8, and 15 of the present application are all inventions
`
`essentially identical to inventions described in Publication 2, or at least are inventions that could
`easily be conceived by a person skilled in the art based on the inventions described in Publication
`2.
`
`Accordingly, the inventions of claims l, 8, and 15 of the present application all have
`
`reasons for rejection under Patent Law Section 29(1)(iii) through Patent Law Section 29(2), so
`there is a reason for providing the information specified by Patent Law Enforcement Regulation
`13bis (l)(ii).
`
` In addition, claims 2 through 7, which are dependent on claim 1 of the present
`
`application, claims 9 through 14, which are dependent on claim 8, and claims 16 through 21,
`which are dependent on claim 15, are merely the addition of configurations that are simple design
`matters to the configurations of the claims they depend from, and all have reasons for rejection
`under Patent Law Section 29(2), so there is a reason for providing the information specified by
`Patent Law Enforcement Regulation 13bis (1)(ii).
`
`(5) Summary of Invention 2 of the Present Application
`
`Next, in order to achieve the objects and effects described in (2) above, invention 2 of the
`
`present application is summarized as the following claims 22, 29, and 35.
`
`7
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`"Claim 22
`
`A method of placing a trade order for a product on an electronic exchange having
`
`prescribed parameters for trade orders using a graphical user interface and a user input device,
`said method comprising:
`
`displaying the market depth of the product traded on said market through a dynamic
`
`display of a plurality of bids and a plurality of asks in the market for said product, including said
`bid quantity and said ask quantity for said product, the dynamic display being aligned with a
`static display of corresponding prices; and
`
`initiating the placement of a trade order for said product by a single action of said user
`
`input device that initiates placement of a trade order for said product by a single action of said
`user input device with a pointer of said user input device positioned over said dynamic display
`region for bids and asks;
`
`wherein,
`
`the trade order is placed with said trade order contents based on said prescribed
`
`parameters and partially on the location of said pointer at the moment of said single action."
`
`"Claim 29
`
`A computer readable medium having program code recorded thereon, for placing a trade
`
`order for a product on an electronic exchange, for execution on a computer having a graphical
`user interface and a user input device and prescribed parameters related to trade orders,
`comprising:
`
`a first program code for displaying market depth of the product traded on said market
`
`through a dynamic display of a plurality of bids and a plurality of asks in the market for said
`product, including said bid quantity and said ask quantity for said product, the dynamic display
`being aligned with a static display of corresponding prices;
`
`a second program code for initiating the placement of a trade order for said product by a
`
`single action of said user input device with a pointer of said user input device positioned over
`said dynamic display region for bids and asks; and
`
`a third program code for setting characteristics of said trade order based on said
`
`prescribed
`
`8
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`parameters and partially on the location of said pointer at the moment of said single action."
`
`"Claim 35
`
`A client system for placing a trade order for a product on an electronic exchange, said
`
`system comprising:
`
`a display device for displaying market depth of the product traded on said market through
`
`a dynamic display of a plurality of bids and a plurality of asks in the market for said product,
`including said bid quantity and said ask quantity for said product, the dynamic display being
`aligned with a static display of corresponding prices;
`
`a user input device for initiating the placement of a trade order for said product by a
`
`single action of said user input device with a pointer of said user input device positioned over
`said dynamic display region for bids and asks; and
`
`a trade order characteristics setting structural element for setting the characteristics of said
`
`trade order based on said prescribed parameters and partially on the location of said pointer at the
`moment of said single action."
`
`(6) Comparison of Contents Described in Submitted Publications and Invention 2 of the Present
`Application
`
`I. "Next-Generation Futures and Options Trading System—Participants Seminar Materials"
`
` "Next-Generation Futures and Options Trading System—Participants Seminar Materials"
`("Publication l") discloses:
`
`i) a trading terminal that is a general-purpose PC whereon Windows, etc. is installed as the
`operating system and having a screen configuration on which "Tokyo Stock Exchange
`Futures/Options Trading System" is displayed in the upper left part of the screen and the trade
`order input window is displayed using a mouse click or keyboard input (Publication 1, page 4,
`"(1) Terminal Functions for Trading, a. The Basic Screen Configuration and Operating Method"),
`and a configuration wherein a board screen displays an issue name, order quantity, etc. which are
`the parameters needed for trade orders (diagram in Publication l, page 5, "Display content of
`board screen (Example: A two-partition board screen)")
`
`ii) a configuration wherein order prices are displayed arranged in the center of the screen, and sell
`and buy order quantities are displayed in a column to the left and a column to the right of the
`order price corresponding to the order and aligned therewith (diagram in Publication l page 5,
`"Display content of board screen (Example: A two-partition board screen)"), and the display is
`automatically updated at three-second intervals on both the board screen and the quotation screen
`(Publication 1, page 4, "(1) Terminal Functions for Trading, b. Partitioned Boards/Quotation
`Screens, "third line),
`
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`and a configuration wherein order prices are displayed in the center of the screen on the board
`screen (diagram in Publication 1, page 5, "Display content of board screen (Example: A two-
`partition board screen)"),
`
`iii) By double clicking a mouse on a specific location on the board screen, for example, a buy
`order quantity display area automatically updated and displayed at three-second intervals a new
`order input window is displayed and ordering is initiated, and "long-term gov. bond 912" (the
`issue name displayed on the board screen) and the price "12693" at the location where the mouse
`cursor is positioned on the board screen and the "3"shown in "buy" in "Sell/Buy Category" are
`automatically entered in those fields in the new order input window (Publication 1, page 7, "(a)
`New Order Entry").
`
`Furthermore, Publication 1 describes a configuration wherein the "new order entry
`
`window" is displayed by double clicking a mouse. Paragraph [0015] of the present application's
`specification states, "The present specification describes a single click of a mouse as an example
`of a single user action as a means for user input and user dialogue with a terminal display. This
`explains the preferred mode of dialogue, but the scope of the present invention is not limited to
`using a mouse as the input device or limited to clicking a mouse button as the user's single action.
`Conversely, any action by a user in a short time is regarded as a user's single action in the present
`invention, regardless of whether it includes a single click of a mouse button or another input
`device, or if it includes more than one click." In addition, if one examines the point about the
`input interface on the operating terminal side detecting a double click operation as a single signal
`distinct from a single click operation, this does not prevent Publication 1 from describing a
`configuration that "initiates placing a trade order for a product via a single action."
`
`Also, as described in (4) above, "the display is automatically updated every three
`
`seconds'' and in the diagram in Publication 1, page 5, "Display content of board screen (Example:
`A two-partition board screen)" there is a configuration wherein "order prices" are always
`disposed in the screen center and the buy quantity and the sell quantity are referenced in
`alignment with the "order price." This functions as a reference column for ascertaining the
`quantity, and, unlike
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`the "order quantity," does not have the characteristic that its value should be changed at a
`frequency of three-second intervals, so Publication 1 suggests a configuration wherein the "order
`quantity" display is "static" in relation to buying and selling, or at least it is obvious.
`
`Publication 1, as described in (4) above, is a publication that was distributed at a meeting
`
`to participants of the Tokyo Stock Exchange's "Next-Generation Futures and Options System" in
`September 1997, which was before the present application's earliest priority date of March 2,
`2000 (see Publication 1, cover page):
`
`II. "Futures/Options Trading System—Guidelines for Operating the Trading Terminals"
`
`"Futures/Options Trading System—Guidelines for Operating the Trading Terminals"
`("Publication 2") discloses:
`
`i) a trading terminal that is a client terminal having a screen configuration whereon "Tokyo Stock
`Exchange Futures/Options Trading System" is displayed in the upper left part of the screen and
`the trade order input window is displayed using a mouse click or keyboard input (Publication 2,
`page 2-1, page 3-6, "Double clicking in specific areas on the board/quotation screen"; page 5-1,
`"5-1 Main Window"), and a configuration wherein order prices (11) are displayed arranged in the
`center of the screen, and sell and buy order quantities (12) are displayed in a column to the left
`and a column to the right of the order price corresponding to the order and aligned therewith
`(diagram in Publication 2, page 7-17, "7-3-1 Board Screen Display Items, 2-split Board Screen";
`page 7-21, "This displays the order price (market order/on-close order/limit-price order).
`Moreover, for the limit-price part, the 2-partition board screen will display "20 prices," and the
`4/6-partition board screen will display "7 prices."
`
`(Furthermore, it is clear that the column to the left of the order prices in that diagram is
`
`the sell order quantity and that the column to the right is the buy order quantity because of the
`description in Publication 2, page 7-22, "In the quotation display, the following codes are
`displayed to the left of the prices for bid quotations, and displayed to the right of the prices for
`ask quotations.")
`
`ii) The display is automatically updated on both the board screen and the quotation screen
`(Publication 2, page 7-1, "Chapter 7. Board/Quotation Information Queries," fourth line),
`
`iii) The board screen has a configuration wherein the display of board information is
`
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`updated such that the "board display center price" is always displayed in the center part of the
`board and the "board display center price" is determined in the priority sequence of, for example,
`(l) the "warning/special quotation price," (2) the "applicable order price if there has been a buy
`order or sell order with priority higher than the latest contract price," and (3) the "latest contract
`price," etc. In the case of a 2-partition board screen, for example, "three prices up and down" is
`set for the "floating display area" of the "board display center price," and when the board display
`center price set according to the priority sequence is in the "floating display area" it is not
`displayed updated in the board center portion (Publication 2, page 7-25, "7-3-2 Board Display
`Center Price"; same table, "<Example of Automatically Revised Display: Uncompressed Price
`Display—6-Partition Board Screen (Floating Display Area with One Price Up and Down)>" etc.),
`
`It also has a configuration wherein order prices are fixedly displayed in the screen center
`
`unless there is scrolling (Publication 2, page 7-26, "7-3-3 Board Information Scrolling," same
`page, diagram of <Example of Scroll Operation>).
`
`iv) When a mouse double clicks a specific location of the board screen—for example, the buy
`order quantity display area that is automatically updated and displayed at three-second
`intervals—a new order entry window is displayed and ordering is initiated, and the issue name
`"long term gov. bond 012"displayed on the board screen and the price "13021"(or "13022") at the
`position where the mouse cursor is positioned on the board screen and the "3" shown in "buy" in
`"Sell/Buy Category" are automatically entered in the relevant fields in the new order entry
`window (Publication 2, page 3-6,"Double clicking in specific areas on the board/quotation
`screens"; same page,<Example of Automatically Populating Based on the Double-Clicked
`Position>"; page 9-5, "9-2-2.l Displaying the New Order Entry Window").
`
`Furthermore, as in the aforesaid I, there is a configuration wherein "order prices" are
`
`always disposed in the screen center, and the buy quantity and the sell quantity are referenced in
`alignment with the "order price." This functions as a reference column for ascertaining the
`quantity, and, unlike "order quantity," does not have the characteristic that the range of prices
`should be changed and the display updated at a frequency of three-second intervals, so
`Publication 2 at least suggests a configuration wherein the "order quantity" display is "static" in
`relation to buying and selling, or it is obvious.
`
`Publication 2 is a publication that was distributed to users of the Tokyo Stock Exchange's
`
`"Next-Generation Futures/Options Trading System" in August 1998, which was
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`TRADING TECH EXHIBIT 2160
`IBG et al. v. TRADING TECH. - CBM2016-00054
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`before the present application's earliest priority date of March 2, 2000 (see Publication 2, page
`Appendix 4-1).
`
`Furthermore, the fact that the "next-generation futures/options trading system" that was
`
`the subject of the "operational guidelines" was a system that was operating in November 1998,
`which was before the present application's earliest priority date of March 2, 2000, is clear from
`the "Tokyo Stock Exchange 50-Year Chronicle—Document Collection—System Volume"
`("Publication 3"), which states that "The futures trading system, which was the forerunner of the
`futures/options trading system, began operations in April of 1988, targeting government bond and
`securities futures contracts, which had begun trading in October of 1985. After this, the ultra-
`long-term government bond futures contracts (July of 1988), the Tokyo Stock Exchange Price
`Index (TOPIX) futures contracts (September, 1988), and the like were added, and this system
`was replaced in 1990 as the "futures/options trading system," and began trading in government
`securities futures and options. On the other hand, the stock index options trading system targeted
`the Tokyo Stock Exchange Price Index (TOPIX) options contracts, and operations started up in
`October 1999 at the same time those contracts started trading. As a measure to deal with the
`aging of these two systems, these systems were replaced, and in November 1998 the
`futures/options trading system began operation anew." (Publication 3, page 265, line 9 to last
`line).
`
`In addition, the fact that th