Appeal 2007-0635 Application 10/176,598 memory resource comprising the steps of: attributing a metric to a media file from the plurality of data files, wherein said metric is related to a total duration of time the media file is played back; ranking the media file in comparison to information comprising a metric attributed to an other [sic] media file from a second memory resource; updating the memory resource in accordance with the rankings established in said ranking step. A. ISSUE The claimed invention involves a method for ranking media files found on media playback devices according to how long a user has played a media file. Ward does not explicitly disclose ranking media files by how long a user has played a media file. Ward discloses ranking media files according to how often the files have been played. The issue is whether the claimed method, giving claim 17 the broadest reasonable construction in light of the specification as it would be interpreted by one of ordinary skill in the art, would have been obvious to one of ordinary skill in the art in light of the disclosure in Ward. B. FACTS The record supports the following findings of fact (FF) by a preponderance of the evidence. Claim construction 1. Claim 17 is drawn to a method comprising the step of “attributing a metric to a media file from the plurality of data files, wherein said metric is related to a total duration of time the media file is played back.” 18Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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