Ex Parte JACKSON et al - Page 4



          Appeal No. 2003-1726                                                        
          Application No. 09/460,450                                                  

               Turning to the First Action, we find that the examiner                 
          appears to equate Perlman's hierarchical arrangement of database            
          identifiers with the claimed hierarchical structure of elements.            
          However, claim 22 requires that one of the elements that are                
          arranged in the hierarchical structure is the device to which               
          content is distributed.  None of the database identifiers                   
          qualifies as a device to which content is distributed.                      
          Furthermore, claim 22 recites content identifiers which indicate            
          content to be provided to the device.  Since none of the                    
          identifiers of Perlman has an identifier which indicates content            
          to be provided thereto, Perlman's identifiers cannot be the                 
          claimed elements, one of which is the device.  Last, since                  
          Perlman discloses no other hierarchical arrangement, the claimed            
          step of storing in a database a number of elements as a                     
          hierarchical structure is not disclosed by Perlman.  Also, as               
          Perlman fails to disclose the content identifiers as claimed, the           
          steps of referencing the hierarchical structure to generate a               
          profile, the profile containing content identifiers indicating              
          content to be provided to the device, and causing the content               
          indicated by the profile to be provided to the device, are not              
          disclosed by Perlman.                                                       

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