Ex Parte Litwin - Page 12



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

                    10. The method of claim 2, further comprising the step of associating a                
                    timestamp with each of the popularity metrics, the timestamp for indicating            
                    a last playback time of a corresponding media file.                                    

                  A. ISSUE                                                                                 
                  The issue is whether it would have been obvious to one of ordinary skill to              
            modify the Ward method so as to include a step of associating a timestamp with                 
            each of the popularity metrics, the timestamp for indicating a last playback time of           
            a corresponding media file.                                                                    

                  B. FACTS                                                                                 
                  The record supports the following findings of fact (FF) by a preponderance               
            of the evidence.                                                                               
            Claim construction                                                                             
                  We incorporate herein the facts under Claim construction of the Facts                    
            section for 2, 4-9, and 12-16 above and add the following:                                     
            1. The claim does not define the term “timestamp.”                                             
            2.  The specification indicates that the “timestamp” may be based on the                       
            quantity of time the media is played back.                                                     
                    Step 505 may include the step of associating a timestamp with the                      
                    popularity metric (step 505a). …                                                       
                         The computing/updating of the popularity metric at step 505 may be                
                    based upon the actual time and/or multiple of some quantity of time (e.g.,             
                    seconds, minutes, etc.) that the media file is played back.                            
            Specification 10: 11-22.                                                                       

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