Ex Parte Litwin - Page 13



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

            The scope and content of the prior art                                                         
                  We incorporate herein the facts under The scope and content of the prior art             
            of the Facts section for claims 2, 4-9, and 12-16 above and add the following:                 
            3. Media playback devices generally show the duration (e.g., seconds, minutes,                 
            etc.) of a media file.                                                                         
             Differences between the prior art and the claims at issue.                                    
                  We incorporate herein the facts under Differences between the prior art and              
            the claims at issue of the Facts section for claims 2, 4-9, and 12-16 above.                   
            The level of ordinary skill in the pertinent art.                                              
                  We incorporate herein the fact under The level of ordinary skill in the                  
            pertinent art of the Facts section for claims 2, 4-9, and 12-16 above.                         
            Secondary considerations.                                                                      
                  We incorporate herein the fact under Secondary considerations of the Facts               
            section for claims 2, 4-9, and 12-16 above.                                                    

                  C. PRINCIPLES OF LAW                                                                     
                  We incorporate herein the Principles of Law set forth in the Principles of               
            Law section for claims  2, 4-9, and 12-16 above.                                               

                  D. ANALYSIS                                                                              
                  Appellant argues that “there is no disclosure or suggestion that one of the              
            ordinary skill in the art would modify Ward to include timestamps, as because the              
            system only keeps track of whether a media file was played or not, as listed on a              

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