Ex Parte Litwin - Page 29



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

            “The memory 210 stores media files.”). Users will do this for a number of reasons,             
            most commonly to increase the free space in the memory resource to make room                   
            for media files that they would be more interested in hearing. Whether or not Ward             
            means to include a deleting step in describing the “culling” operation, which is               
            arguable, a step of deleting culled and rejected media files would have been                   
            obvious to one of ordinary skill in the art given the expected benefits the user               
            would obtain from doing so, namely increasing the free space on the memory                     
            resource.                                                                                      

                  E. CONCLUSION OF LAW                                                                     
                  On the record before us, Appellants have failed to show that the Examiner                
            erred in rejecting claim 20 over the prior art.                                                

                                               DECISION                                                    
                  The decision of the Examiner to reject claims 2, 4-10, and 12-23 is affirmed.            
            The decision of the Examiner to reject claim 11 is reversed.                                   
                  No time period for taking any subsequent action in connection with this                  
            appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv).                                      

                                          AFFIRMED-IN-PART                                                 
                                                                                                          


            vsh                                                                                            

                                                    29                                                     



Page:  Previous  16  17  18  19  20  21  22  23  24  25  26  27  28  29  30  Next

Last modified: September 9, 2013