Ex Parte Bloomfield et al - Page 4




         Appeal No. 2006-1942                                                       
         Application No. 09/795,722                                                 
                                                                                   
         through 22; column 16, line 43 through column 17, line 18; column          
         18, lines 44 through 67; column 19, lines 33 through 59; column            
         20, lines 14 through 39; column 22, lines 44 through 67).  If the          
         owner of the virtual pet device takes excellent care of the                
         virtual pet, then the virtual pet will remain healthy (Abstract;           
         column 3, lines 50 through 54; column 16, lines 45 through 49;             
         column 17, lines 15 through 17; column 19, lines 57 through 59;            
         column 20, lines 14 through 39).  On the other hand, if the                
         health of the virtual pet is ignored, the owner of the virtual             
         pet will observe a deterioration of the health of the virtual pet          
         device (column 3, lines 54 through 56; column 17, lines 15                 
         through 17; column 19, lines 57 through 59).  Appellants’                  
         arguments (brief, pages 6 and 7) that Brown does not teach that            
         the data captured using the virtual pet should be uploaded and             
         maintained in a database or warehouse are without merit because            





         Brown teaches that the captured user activity information                  
         pertaining to the health of the virtual pet is collected and               
         uploaded to a database (column 18, lines 57 through 67).                   
         Appellants acknowledge (brief, page 7) that the virtual pet is             
         connected to a network.  Without a database, Brown would not be            
         able to compare the general health status scores that are                  

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