Appeal No. 2002-0144
Application No. 09/000,759
relevant target objects is not the “user-specified data object,”
as claimed. The user-specified data object in Herz is not the
customized list of relevant target objects. Rather, the user-
specified data objects in Herz are the news items of interest to
the user. So, while the customized list in Herz may be modified,
the list is not a user-specified data object and while Herz’s
news items of interest may be user-specified data objects, the
news items are not modified. Accordingly, Herz does not
anticipate the instant claimed subject matter.
It might even be argued that all of the news items retrieved
by a general server in Herz comprise a universal set of all news
items of the type specified by a user and that the filtered list
results in a “modified” set of news items, the set of news items
themselves being the user-specified data object, resulting in a
modification of the “content” of the universal set by deleting
some of the content of this universal set prior to display to the
user. However, it is our view that such an interpretation of
Herz would be strained. Though the claimed subject matter may be
broad in scope, we simply do not view it as reasonable to contend
that the entirety of the content of the list of objects retrieved
in Herz is a “user-specified data object” which is then scanned
for content satisfying a predetermined selection criterion and
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