Ex Parte TURNER et al - Page 8




          Appeal No. 2002-2040                                                        
          Application No. 09/160,490                                                  
          characteristic profile of preferences may then be derived from the          
          device alone (Rowley’s “registration file” at Column 1, line 27)            
          and still fall within the scope of claim 5.                                 
               Accordingly, we disagree with the appellant’s arguments that           
          the end-user’s preferences are particular to one unique user of             
          the equipment and that the end user and end user’s preferences              
          cannot be derived from the device itself.                                   
               The appellant also urges that Rowley fails to teach if a new           
          application or update is relevant to an end user before presenting          
          it to the end user.  (Appeal Brief, page 6, lines 12-19).  We               
          disagree.  Rowley, column 1, lines 35-39 describes a means for              
          comparing the release file with a registration file to determine            
          which of the installed applications have upgrades available and             
          allowing selection of an upgrade.  The selection of relevance is            
          made by comparison to the registration file.  Accordingly, we find          
          this argument unpersuasive as well.                                         
               The appellant also states that Rowley neither teaches nor              
          suggests notifying the end user via the network of the                      
          availability of an option to select a relevant prospective                  
          technical feature for addition to the equipment (Appeal Brief,              
          page 6, lines 20-22).                                                       
               This statement is not entirely accurate.  Rowley describes a           
          remote file server having software applications and a release               

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