Appeal 2007-2593
Application 09/859,359
1 ISSUES
2 The issues pertinent to this appeal are
3 • Whether the Appellants have sustained their burden of showing that the
4 Examiner erred in rejecting claims 1, 4-7, 9-11, 15, 16, 18-21, 23-25, 29, 30,
5 32-35, 37-46, 48-55, 57-64, and 66-68 under 35 U.S.C. § 102(b) as
6 anticipated by Sloane.
7 • Whether the Appellants have sustained their burden of showing that the
8 Examiner erred in rejecting claims 12-14 and 26-28 under 35 U.S.C.
9 § 103(a) as unpatentable over Sloane.
10 The pertinent issues turn on whether Sloane describes automatically receiving
11 preference information of the user from the wireless communication device
12 through the wireless communication.
13 FACTS PERTINENT TO THE ISSUES
14 The following enumerated Findings of Fact (FF) are believed to be supported
15 by a preponderance of the evidence.
16 Claim Construction
17 01. The disclosure contains no lexicographic definition of “preference.”
18 02. The ordinary and customary meaning of “preference” is the selecting
19 of someone or something over another or others.1
1 American Heritage Dictionary of the English Language (4th ed. 2000).
3
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