Appeal No. 2007-0222 Application No. 09/726,797 OPINION Generally, for the reasons set forth by the Examiner in the Answer, we sustain the rejection of all claims on appeal as further embellished by the following additional comments. Appellants present arguments only as to independent claims 1, 17, and 18 collectively, and among each of these independent claims, emphasize the same feature of each of them: determining a content profile associated with the device, the content profile including at least one operation and parameter for conditioning data on the device. Appellants’ admitted prior art Figure 1 and the associated text in the background of the invention essentially is prior art to substantially all limitations of representative independent claim 1 on appeal except for the quoted material just cited. Of particular note as well, the bottom of page 2 of the Specification as filed indicates that the subject matter illustrated in prior art Figure 1 is found in a prior U.S. patent. The responsive argument’s portion of the Answer beginning at page 11 in part makes note of the fact that certain of Appellants’ arguments made at pages 5 through 8 of the Brief are not coextensive with the subject matter actually recited in representative independent claim 1 on appeal. As noted at the bottom of page 14 of the Answer, for example, “only one” device is not recited in this claim in contrast to the argument made at the bottom of page 5 of the Brief. The assertion at page 6 of the Brief that: “Robotham does not teach or suggest conditioning content based on a specific operation of a particular device” and the additional urging that “Robotham is silent about 3Page: Previous 1 2 3 4 5 6 Next
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