Appeal 2007-0635
Application 10/176,598
Claim construction
1. Claim 2 is drawn to a method comprising the step of creating and updating
popularity metrics for media files stored on a media playback device.
2. Claim 2 describes the popularity metrics involved in the step of creating and
updating popularity metrics for media files stored on a media playback device as
follows:
the popularity metrics are related to the playback of the media files by a user
of the media playback device with each of the popularity metrics being
proportional to an total amount of playback time that the user plays back a
corresponding one of the media files.
3. In other words, the popularity metrics are related to the playback of the
media files and proportional “to an total amount of playback time that the user
plays back a corresponding one of the media files.”
4. The Specification does not give the terms “related” and “proportional” a
meaning different from their ordinary and customary meanings.
The scope and content of the prior art.
Ward
5. The Examiner found that:
Ward discloses a method for using media files on a media playback
device, comprising the step of at least one of creating and updating
popularity metrics for the media files that are stored on the media playback
device, wherein the popularity metrics are related to the playback of the
media files by a user of the media playback device (col. 2, lines 61-67; col.
5, lines 6-24; The system orders media files based on their popularity, the
popularity being based on how many times the user played the media file.).
Ward further discloses using user play patterns of media files as indications
of the user's preferences for the media files (col. 2, lines 24 and 46-51),
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