Ex Parte Szmanda - Page 5


                Appeal No. 2007-0220                                                                              
                Application No. 09/982,640                                                                        
                       Skillen’s Abstract and the initial paragraphs of the Summary of the                        
                Invention at column 1 indicate that the user is searching for “desired                            
                information.”  The scope of search of the user by means of search rules,                          
                search arguments, search terms, search statements, or search criteria in                          
                Skillen is not limited to the nature/topic of the information searched for or                     
                the intent of the user (such as in claims 2, 7, 12, 19, 26, and 33).  The                         
                process itself of representative independent claim 1, for example, is not                         
                different; the claim is only allegedly different in the nature of the                             
                information or the characterization of it to which no patentable weight will                      
                be given.  Corresponding observations are appropriate as to Loeb as well.                         
                       Skillen’s advertising machine 10 in Figure 1 is also characterized as a                    
                selling system at column 2, lines 11 through 32.  Customers and advertisers                       
                exercising buying and selling capabilities are taught generally at column 3,                      
                lines 9 through 19; column 4, lines 64 through column 5, line 6, and column                       
                6, lines 28 through 45.                                                                           
                       According to the teachings of Skillen, the user is taught to be able to                    
                enter information in various forms which may be considered a search                               
                argument for use by various search engines in both figures of Skillen.  There                     
                are repeated teachings in Skillen of the user’s ability to do this in addition to                 
                a feature taught associated with Figure 1 but explicitly shown in Figure 2 of                     
                Skillen of the system of both figures assessing or otherwise keeping and                          
                updating user profiles such as user profile database 48 in Figure 2.  Because                     
                the teachings of the operation of Figure 1 beginning at the middle of column                      
                4 and the corresponding teachings of the operation of Figure 2 beginning at                       
                the bottom of column 5 indicate the user preferences are sought, the user                         


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