Amazon had an opportunity to fight that decision but has now capitulated. In a conference call on 15th November with USPTO examiner Matthew Graham, Amazon lawyers agreed to amend both claims.
The changes "appear to place the claims in condition of patentability," according to Graham's report of the call. "Further review and search would be required," he wrote in his Re-examination Interview Summary (1-page, 48KB PDF).
The changes to claim 1 (1-page, 26KB PDF) and claim 11 (1-page, 15KB PDF) mean that the patent will no longer cover any system for purchasing an item "in response to only a single action being performed". If the amendments are approved the patent will cover only an item "purchasable through a shopping cart model". That means that a payment system that does not also offer a shopping cart will not infringe Amazon's patent.
Calveley wrote in his blog last night that the amendments, if made, "will free people to use pre-Amazon methods of 'one Click shopping' such as DigiCash-type systems" and will "allow people to implement new and exciting ways of shopping with one click, perhaps using new technologies that didn't exist in 1997."