Appeal 2007-0635
Application 10/176,598
Secondary considerations.
We incorporate herein the fact under Secondary considerations of the Facts
section for claims 2, 4-10, and 12-16 above.
C. PRINCIPLES OF LAW
We incorporate herein the Principles of Law set forth in the Principles of
Law section for claims 2, 4-9, and 12-16 above.
D. ANALYSIS
The Examiner’s position 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 does not
appear to be supported by the facts. Accordingly, as to claim 11, a prima facie case
of obviousness has not been established.
E. CONCLUSION OF LAW
On the record before us, a prima facie case of obviousness of claim 11 over
Ward has not been established.
IV. CLAIMS 17-19 and 21-23
Pursuant to the rules, the Board selects representative claim 17 to decide the
appeal with respect to this group of claims, and claims 18-19 and 21-23 stand or
fall with claim 17. 37 C.F.R. § 41.37(c)(1)(vii) (2006). It reads as follows:
17. A method of organizing a plurality of media files stored in a
17
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