Ex Parte STACK - Page 7



          Appeal No. 2001-2051                                                         
          Application 08/923,293                                                       
          to do with entering a specified item as filter data for obtaining            
          recommendations of other goods and/or services from a previous               
          customer purchasing history database, as set forth in the claims             
          on appeal" (RBr2) and that there is no "user input" of a                     
          specified item in Robinson (RBr2).                                           
               The examiner does not particularly point out what                       
          description in Robinson is relied on as the customer commands.               
          The only thing we see that can possibly be the customer commands             
          are the ratings that the first user enters into the database at              
          step 60 (col. 6, lines 25-27 & 38-41), which ratings form the                
          basis for the recommendations.  Payton also contains the same                
          teachings about the subscriber rating each of the items he or she            
          has previously requested (col. 5, lines 6-12), which ratings form            
          the basis for the recommendation.  However, these ratings do not             
          satisfy the claim language of claims 1 and 7.                                
               Claim 1 recites "specifying a particular good or service to             
          be used as filter data."  While the ratings in Robinson and                  
          Payton are used as filter data for a recommendation, the ratings             
          do not specify of a particular good or service to be used as                 
          filter data for a recommendation.  That is, the user does not                
          specify a particular good or service, such as specifying the book            
          Clear and Present Danger in appellant's example of Fig. 3D, which            
          is then used as filter data to get a recommendation.  The user               
          gets a recommendation based on past ratings without specifying a             
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