Ex Parte alSafadi et al - Page 3


                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                       




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