Ex Parte Beeman et al - Page 3



          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,               

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