Ex Parte STACK - Page 9



          Appeal No. 2001-2051                                                         
          Application 08/923,293                                                       
          broad enough to read on the input means for inputting ratings in             
          Robinson and Payton, where the rated goods or services are used              
          as filter data.  Note that this limitation of claim 16 does not              
          require "specifying a particular good or service to be used as               
          filter data," as recited in claim 1, or filtering the purchasing             
          history of previous customers based on "the goods and/or services            
          requested by said potential customers," as recited in claim 7.               
          Thus, claim 16 does not capture the idea of using a specified                
          good or service as a filter for obtaining recommendations of                 
          other goods and services.  Payton discloses "database storage                
          means for the retention of data concerning goods or services                 
          purchase decisions of prior users" because it stores a database              
          of subscriber profile rating vectors which vectors contain data              
          concerning items which the user subscriber has previously                    
          requested (col. 5, lines 6-12), where requested information (such            
          as a pay-per-view movie) is purchased information, and the                   
          ratings can be based on the use of a requested item (col. 6,                 
          lines 41-42), i.e., the ratings directly reflect purchase                    
          (request) decisions of previous users.  For this reason, we                  
          disagree with appellant's argument that "neither Robinson nor                
          Payton disclose a database of previous customer purchase history,            
          as required by the claims on appeal" (RB2).  It would have been              
          obvious to one of ordinary skill in the art that the                         
          recommendation system in Robinson could be applied in a purchase             
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