Ex Parte Bloomfield et al - Page 3




         Appeal No. 2006-1942                                                       
         Application No. 09/795,722                                                 
                                                                                   
                                                    (filed Aug. 10, 2000)           
              Claims 81 and 82 stand rejected under 35 U.S.C. § 102(e) as           
         being anticipated by Brown.                                                
              Claims 83 through 90 stand rejected under 35 U.S.C. § 103(a)          
         as being unpatentable over Brown in view of Byrd.                          
              Reference is made to the brief and the answer for the                 
         respective positions of the appellants and the examiner.                   
                                      OPINION                                       
              We have carefully considered the entire record before us,             
         and we will sustain the anticipation rejection of claims 81 and            
         82, and sustain the obviousness rejection of claims 83 through             
         90.                                                                        
              We agree with the examiner’s findings (answer, page 3) that           
         Brown describes all of the limitations of claims 81 and 82.                
         Appellants argue (brief, page 5) that Brown does not “obtain user          
         activity information based on a virtual character.”  We disagree.          
         Brown captures user activity information based upon the user’s             





         response to at least one modifiable characteristic (e.g., health           
         and well being) of a virtual pet device (Figures 15 through 17;            
         Abstract; column 3, lines 40 through 56; column 4, lines 59                
         through 67; column 5, lines 18 through 34; column 15, lines 9              

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