Ex Parte Litwin - Page 18



            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.”                                         
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