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 25Page: Previous 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: September 9, 2013