Ex Parte Litwin - Page 25



            Appeal 2007-0635                                                                               
            Application 10/176,598                                                                         

            prior art show using a metric which performs relatively the same way. And, in that             
            regard, we find Ward does precisely that in some instances.                                    

                         E. CONCLUSION OF LAW                                                              
                  On the record before us, Appellants have failed to show that the Examiner                
            erred in rejecting claims 17-19 and 21-23 over the prior art.                                  

            V. CLAIM 20                                                                                    
                  Claim 20 reads as follows:                                                               
                  20. The method of claim 17, wherein said updating step removes the media                 
                  file from said memory resource when the media file has a metric below a                  
                  threshold value.                                                                         

                  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 an updating step that removes the media                
            file from said memory resource when the media file has a metric below a threshold              
            value.                                                                                         

                  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                    
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