Ex Parte Buil et al - Page 4




          Appeal No. 2006-0531                                                        
          Application No. 09/932,070                                                  


          called seed song or initial criterion as well as to set a style             
          slider mechanism to a given position permits the user in Cluts to           
          establish a relative association of a given style to individual             
          songs.  The user also has the ability to select the “more style”            
          button and the “more” and “like” buttons as depicted in Figures 5           
          through 10.  In any event, the flow chart element 1020 in Figure            
          10 clearly corresponds to the teaching relied upon by the                   
          examiner at column 18, lines 51 through 54 that the system                  
          automatically does a random sort of a list of songs before                  
          presentation to a listener.                                                 
               With this understanding in mind of Cluts, it appears to us             
          that there is no feature of claim 1 that has not been met by                
          Cluts itself.  Correspondingly, these teachings already                     
          identified in Cluts has a corresponding analogous teaching in               
          Looney as generally outlined by the examiner in relying upon the            
          abstract, column 2, lines 5 through 18; column 10, lines 49                 
          through 57 and finally, column 9, lines 34 through 59 in the                
          answer.  Basic relationships are set forth in Figure 4 which                
          shows different screens presented and, for example, Figure 5 and            
          the controls in Figure 6.  The showing in Figure 5 of element 428           
          as well as the corresponding showing of the controls in Figure 6            
          of element 542 clearly provide the ability of the user in                   
          Looney’s system to permit playback of music in a random manner.             
          Additionally, various categories or styles or associations of               


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