Appeal No. 2003-0706
Application No. 09/356,241
of interest (as provided by the selection of the “thumbs-up” or
“thumbs-down” icons) is provided by a user so that the user profile
is continually updated. Further, it is apparent from our reading
of Rose that this updating feature is performed effectively in
response to the detection of the retrieved record being “the most
recently accessed record” since, as also disclosed by Rose (column
5, lines 46-49), the message display window cannot be closed, i.e.,
a new message cannot be retrieved, until one of the interest
options is selected.
We do not find Appellants’ arguments (Brief, pages 10 and 11)
on this issue to be persuasive since, contrary to Appellants’
assertions, it is apparent from the discussion in the “Response to
Argument” portion of the Answer at pages 18 and 19 that the
Examiner is not merely relying on the “time-stamping” information
associated with each record in Rose. We would also point out that,
although the Examiner has expanded the explanation of the stated
rejection in the Answer, Appellants have chosen not to file a Reply
Brief, effectively choosing to rely on their arguments as stated in
the Brief.
In view of the above discussion, since it is our opinion that
the Examiner’s prima facie case of obviousness has not been
overcome by any convincing arguments from Appellants, the
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