Appeal 2007-0635 Application 10/176,598 art. E. CONCLUSION OF LAW On the record before us, Appellants have failed to show that the Examiner erred in rejecting claim 10 over the prior art. III. CLAIM 11 Claim 11 reads as follows: 11. The method of claim 10, further comprising the step of adjusting a value of each of the popularity metrics based on the timestamp such that the value is reduced in relation to how long ago a corresponding media file was last played back. 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, and adjusting a value of each of the popularity metrics based on the timestamp such that the value is reduced in relation to how long ago a corresponding media file was last played back. B. FACTS The record supports the following findings of fact (FF) by a preponderance of the evidence. Claim construction 15Page: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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