Appeal 2007-0635
Application 10/176,598
We incorporate herein the facts under Claim construction of the Facts
section for 2, 4-10, and 12-16 above.
The scope and content of the prior art
We incorporate herein the facts under The scope and content of the prior art
of the Facts section for claims 2, 4-10, and 12-16 above and add the following:
1. The Examiner points to col. 7, ll. 41-48 and col. 48, ll. 20-40, in Ward as
evidence that Ward shows a 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. Answer 5.
2. Col. 7, ll. 41-48 and col. 48, ll. 20-40 of Ward disclose re-submitting a
playlist to a sort server and, based on selected sorting criteria, generating a new
playlist but does not mention generating the new playlist based on how long ago a
corresponding media file was last played back.
3. Accordingly, col. 7, ll. 41-48 and col. 48, ll. 20-40 of Ward do not appear to
teach or suggest a 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.
Differences between the prior art and the claims at issue.
We incorporate herein the facts under Differences between the prior art and
the claims at issue of the Facts section for claims 2, 4-10, and 12-16 above.
The level of ordinary skill in the pertinent art.
We incorporate herein the fact under The level of ordinary skill in the
pertinent art of the Facts section for claims 2, 4-10, and 12-16 above.
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