Appeal 2007-0635
Application 10/176,598
We AFFIRM-IN-PART.
The claimed invention (i.e., claim 2) involves a method for ranking media
files found on media playback devices according to how long a user listens to or
watches a media file. Specification 4: [0008]. The user’s usage of a media file is
monitored and assigned a popularity metric and popularity metrics for the media
files on the media playback device are created and updated. Specification 12:
[0031]. The claimed invention includes the use of timestamps for indicating a last
playback time (claim 10), a step of reducing a value for a popularity metric based
on the timestamp and how long ago the media file was last played (claim 11), a
step of relating the metric to the total duration of time the media file is played back
(claim 17), and an updating step that removes a media file from the memory
resource when the media file falls below a metric threshold value (claim 20).
Appellant, in the Appeal Brief1, argues the claims in accordance with the
following groups:
• Claims 2, 4-9, 12-16 (Appeal Br. 3-5);
• Claim 10 (Appeal Br. 5-6);
• Claim 11 (Appeal Br. 6-7)
• Claims 17-19 and 21-23 (Appeal Br. 7-9); and,
• Claim 20 (Appeal Br. 9).
1 In making our decision, we consider Appellant’s Appeal Brief (“Appeal Br.,”
filed Apr. 17, 2006), the Examiner's Answer (“Answer,” mailed Jul. 12, 2006) and
the Reply Brief (“Reply Br.,” filed Sep. 21, 2006).
2
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