Appeal No. 2006-0531
Application No. 09/932,070
through 54; column 14, lines 28 through 50 and column 18, lines
51 through 54), Cluts effectively in our view teaches the
substance of the subject matter of representative independent
claim 1 on appeal. In Cluts, at least with respect to the style
tables and the ability to utilize a so-called style slider, there
exists an association as claimed of an individual song or
information unit with a criterion such as a given style of music.
Additionally, at least one seed song entered by a user may
correspond to the claimed criterion which is met by the structure
and software in a comparison operation which functions in an
automatic random selection and presentation process to present
the new selections of songs to the user.
Contrary to the apparent view expressed by the examiner at
the bottom of page 4 of the answer, it appears to us from our
study of this reference that Cluts does automatically
select and present a new song without interaction by a user. It
is emphasized here that the requirement of claim 1 is that this
automatic selection and automatic presentation be done without an
interaction by the user, thus indicating in the claim that the
user may specify a given criterion. Even appellants disclose an
invention and in an example require a user to enter into the
overall system as disclosed a criterion on which the system is to
automatically and randomly select a given new song for
presentation. The ability of the user in Cluts to select a so-
3
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