Ex parte ROSE et al. - Page 11




               Appeal No. 1998-0630                                                                                                 
               Application 08/231,655                                                                                               


               profile or "best guess" as to an "assumed shopper" who is most likely to use the system at a certain time.           

                       Lastly, and most importantly, appellants argue (Brief, page 9) that "each reference only                     

               discloses the use of a single factor, e.g., message content or time of day, to prioritize or select data,"           

               whereas claim 1 calls for ranking data based on a combination of two factors - an attribute-based                    

               relevance factor (i.e., content), and a measure of correlation between a particular user’s interests and             

               the interests of other users who have also accessed the same information.  We agree, and we find that                

               the examiner has failed to show that any of the applied references, whether taken singly or in any                   

               combination thereof, taught or would have suggested basing a ranking of information on two factors                   

               such as content and a correlation with other users.                                                                  





















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