Ex Parte Seshadri et al - Page 4

                Appeal 2007-0474                                                                                 
                Application 10/692,885                                                                           
           1           We affirm.3                                                                               
           2                                        ISSUES                                                       
           3           Whether Appellants have shown that the Examiner erred in rejecting                        
           4    representative claim 1 based on anticipation, and representative claim 30                        
           5    based on obviousness?  The two issues specifically turn on:                                      
           6           (A) Whether Knutson expressly or inherently discloses a plurality of                      
           7    folders comprising links to particular data files stored in the data storage                     
           8    component, the content of the folders controlled at least in part by end-user                    
           9    specified preferences, the folders include any type of link collection defined                   
          10    by a set of relationships, as set forth in Appellants’ claim 1.                                  
          11           (B) Whether Appellants have shown that the Examiner erred in                              
          12    rejecting representative claim 30 under 35 U.S.C. § 103(a) as being                              
          13    unpatentable over Knutson, Watters and Saxe.  This issue turns on whether it                     
          14    would have been obvious to include writing user preferences…, executing                          
          15    user preferences…, and taking action based on a conditionally valid                              
          16    preference.                                                                                      
          17                                                                                                     
          18                                FINDINGS OF FACT                                                     
          19           The following findings of fact (FF) are supported by a preponderance                      
          20    of the evidence.                                                                                 
          21                                     The Invention                                                   
          22           1.  End-users can define conditions and actions that control the                          
          23    content of folders upon the happening of an event.  (Specification 5:24-25).                     
                                                                                                                
                3 Only those arguments actually made by Appellants have been considered                          
                in this decision.  Arguments which Appellants could have made but chose                          
                not to make in the Briefs have not been considered and are deemed to be                          
                waived.  See 37 C.F.R. § 41.37(c)(1)(vii) (2004).                                                
                                                       4                                                         

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