Ex Parte Roth - Page 2




             Appeal No. 2003-1614                                                              Page 2               
             Application No. 09/817,692                                                                             


                    According to the appellant, existing menuing mechanisms arrange menu items                      
             rigidly.  Fixed content menus are never rearranged, no matter how often a user selects                 
             or ignores certain items.  Variable content menus change only in strict sequence with                  
             the order of past selections such that only recent selections appear on the menu.  (Id.)               


                    In contrast, the appellant's invention "provides comprehensive menu                             
             arrangement control by providing several discrete, yet complementary, features."  (Id.                 
             at 4.)  "Automatic ranking" uses "heuristics" to control the order in which items such as              
             uniform resource locators ("URLs") are arranged in a menu.  Heuristics describe past                   
             use, e.g., frequency of selection, recency of selection, and time-of-day of selection.                 
             Using "manual control" a user can override an automatic ranking by placing a URL at a                  
             specific location (e.g., first), (Appeal Br. at 3), or to specify a time-of-day during which           
             individual items are to appear near the top of the menu.  (Spec. at 4.)  Using a "smart                
             load facility" the user can choose to have a web browser automatically load a selected                 
             web page after initialization or to have the web browser automatically load the web page               
             that appears at the top of a list of URLs.  (Id. at 5.)                                                















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