Appeal No. 2006-0567 Application 09/938,256 OPINION For the reasons set forth by the examiner in the Answer, as expanded upon here, we sustain the rejection of claims 1 and 3 through 27 under 35 U.S.C. § 103. Both the examiner and appellants recognize that Zhu does not teach the claimed feature of a series of explicit questions to the user. On the other hand, the background of Zhu makes clear that his invention stems from a history in the art of what has been characterized as query processing. In fact, the “Summary of the Invention” at column 3, line 26, characterizes Zhu’s invention as a “system for user preference-based query processing.” Rather than posing to the user of Zhu’s system explicit questions, the examiner is correct in the assessment of Zhu at page 4 of the Answer as embellished upon in the remarks at pages 7 and 8 as well, that Zhu may be fairly characterized as presenting to the user a series of implicit or implied questions to therefore invoke from the user a response as to his or her preference with respect to certain data items, such as image components and/or depictive features in images. Even though figures 7, 8 and 9 of Zhu depict actual questions with question mark punctuation within the decision blocks in these figures, 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007