Appeal No. 2003-0706
Application No. 09/356,241
989, 991, 217 USPQ 1, 3 (Fed. Cir. 1983). Only those arguments
actually made by Appellants have been considered in this decision.
Arguments which Appellants could have made but chose not to make in
the Brief have not been considered and are deemed to be waived [see
37 CFR § 1.192(a)].
With respect to independent claims 14, 24, and 25, Appellants
assert that the Examiner has not established a prima facie case of
obviousness since all of the claimed limitations are not taught or
suggested by the applied prior art references. These claims are
directed to the feature in which a user feedback parameter
associated with a record is updated in response to a detection that
the record is “the most recently accessed record” in the search
result set.
After reviewing the disclosure of the applied Shoham and Rose
references in light of the arguments of record, however, we are in
general agreement with the Examiner’s position as clarified and
amplified at pages 18 and 19 of the Answer. In discussing the
disclosure of Rose, the Examiner directs attention to the
description of the updating of a user profile with feedback
information indicative of the user’s interest in a particular
retrieved record. As disclosed by Rose (column 5, lines 56-59),
each time a message is retrieved, feedback information indicative
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