Ex Parte Litwin - Page 15



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

            art.                                                                                           
                  E. CONCLUSION OF LAW                                                                     
                  On the record before us, Appellants have failed to show that the Examiner                
            erred in rejecting claim 10 over the prior art.                                                

            III. CLAIM 11                                                                                  
                  Claim 11 reads as follows:                                                               
                  11. The method of claim 10, further comprising the step of adjusting a value             
                  of each of the popularity metrics based on the timestamp such that the value             
                  is reduced in relation to how long ago a corresponding media file was last               
                  played back.                                                                             

                  A. ISSUE                                                                                 
                  The issue is whether it would have been obvious to one of ordinary skill to              
            modify the Ward method so as to include a step of associating a timestamp with                 
            each of the popularity metrics, the timestamp for indicating a last playback time of           
            a corresponding media file, and adjusting a value of each of the popularity metrics            
            based on the timestamp such that the value is reduced in relation to how long ago a            
            corresponding media file was last played back.                                                 

                  B. FACTS                                                                                 
                  The record supports the following findings of fact (FF) by a preponderance               
            of the evidence.                                                                               
            Claim construction                                                                             

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