Appeal 2007-0635
Application 10/176,598
We incorporate herein the fact under The level of ordinary skill in the
pertinent art of the Facts section for claims 17-19 and 21-23 above.
Secondary considerations.
We incorporate herein the fact under Secondary considerations of the Facts
section for claims 17-19 and 21-23 above.
C. PRINCIPLES OF LAW
We incorporate herein the Principles of Law set forth in the Principles of
Law section for claims 17-19 and 21-23 above.
D. ANALYSIS
The dispute is over the scope of the term “culling” as used in Ward. There is
no dispute that Ward “culls” a playlist and that that at least entails rejecting media
files from a playlist which a user no longer would be interested in listening to. The
question is whether in addition to rejecting media files, Ward also deletes the
media files from the memory resource.
It is not entirely clear from Ward whether the “culling” operation includes
deleting the media files. However, assuming Ward’s “culling” operation only
involves rejecting media files, one of ordinary skill in the art reading Ward’s
“culling” operation would nevertheless foresee going one step and deleting the
media files altogether. This is so because when users lose interest in a media file
on a media playback device, users will often delete that media file not only from
the playlist but from the memory resource storing it (see Specification, p. 7, l. 25:
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