Ex Parte Pestoni et al - Page 2

               Appeal 2007-0962                                                                             
               Application 09/928,347                                                                       
                                                                                                           
                      Appellants appeal under 35 U.S.C. § 134 from the Examiner’s                           
               rejection of claims 1-23.  We have jurisdiction under 35 U.S.C. § 6(b).  We                  
               affirm.                                                                                      
                                      STATEMENT OF THE CASE                                                 
                      Appellants invented a method of enabling a content provider to                        
               maximize bandwidth allocation while also enabling the audience to gain                       
               more control over the content they receive.  Specifically, the invention                     
               involves collaborative content programming in which users express their                      
               preferences by voting on the content they receive.  These votes are then used                
               to determine what content to deliver at any point in time.  Bandwidth is                     
               dynamically allocated to multiple channels and users are assigned to the                     
               channel(s) that best match their preferences.1  Claim 1 is illustrative:                     
                      1.  A method of optimizing bandwidth allocation based on selective                    
               filtering, distribution of content and allocation of users to said distributed               
               content, one or more steps of said method performed over a network, said                     
               method comprising:                                                                           
                                                                                                           
                      dynamically allocating said bandwidth to a plurality of                               
               communication channels, each of said channels retaining one or more                          
               instances of content;                                                                        
                      recursively receiving user preferences of content information from                    
               multiple users, said preferences comprising one or more of: selection                        
               requests for specific content, evaluations of existing content, and evaluations              
               of potential content;                                                                        
                      dynamically retaining within a selected channel a collection of                       
               specific instances of content based on a collation of said preferences, said                 
               collection placed on an allocated communication channel over a period of                     
               time; and                                                                                    
                                                                                                           
               1 See generally Specification page 6, line 16 through page 8, line 4.                        

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