Ex Parte Pestoni et al - Page 8

               Appeal 2007-0962                                                                             
               Application 09/928,347                                                                       
                                                                                                           
               combined to form a collaboratively-developed basis for modifying and                         
               expanding on the individualized recommendations that might be otherwise                      
               produced by the referral system (Hosken, col. 4, ll. 44-55).                                 
                      In a preferred embodiment, Hosken utilizes collected group behaviors                  
               along with user information to ultimately recommend content to the user.                     
               Such group behaviors not only reflect the collective consideration and                       
               review of different content items, the behaviors also are derived from                       
               external polls, rankings, and ratings of different media items (Hosken, col. 9,              
               ll. 23-52; Fig. 2).  In essence, this collaborative function reflects the values             
               and interests of the user community that ultimately desirably affects the                    
               specific content recommendations (Hosken, col. 9, ll. 33-38).  Moreover,                     
               such a function effectively dynamically collates preferences as claimed                      
               giving the term “collation” its broadest reasonable interpretation – an                      
               interpretation that fully comports with Appellants’ definition of the term.5                 
                      In view of the stated advantages of utilizing the collective preferences              
               of multiple users as noted by Hosken above, the skilled artisan would have                   
               ample reason to collate preferences from multiple users in lieu of a single                  
               user’s preferences in Noll when targeting content to the user.  By accounting                
               for preferences across the user community in Noll’s system in lieu of only a                 
               single user, the range of content recommendations would, at a minimum, be                    
               expanded and enhanced.                                                                       
                      Although Appellants argue that Noll and Hosken provide different                      
               methods of content delivery (Br. 10-11), the exact method of content                         
               delivery employed in Hosken is not germane to the reason the Examiner                        
                                                                                                           
               5 See Brief, page 11.                                                                        

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