Ex Parte Brown et al - Page 2

             Appeal 2007-0728                                                                                   
             Application 09/954,796                                                                             

        1          The Appellants invented a way to distribute software (Specification 1).  An                  
        2        understanding of the invention can be derived from a reading of exemplary                      
        3        claim 1, which is reproduced below.                                                            
        4          1. A method for distributing software, comprising:                                           
        5          querying a user as to the needs of the user;                                                 
        6          receiving user responses to the query;                                                       
        7          characterizing the use of the user based upon the user responses; and                        
        8          providing software programs that may be beneficial to the user based                         
        9          upon the characterization of the use.                                                        
        10                                                                                                      
        11       This appeal arises from the Examiner’s Final Rejection, mailed November 2,                     
        12   2005.  The Appellants filed an Appeal Brief in support of the appeal on April 3,                   
        13   2006, and the Examiner mailed an Examiner’s Answer to the Appeal Brief on                          
        14   June 14, 2006.  A Reply Brief was filed on August 18, 2006.                                        
        15                                       PRIOR ART                                                      
        16       The prior art references of record relied upon by the Examiner in rejecting the                
        17   appealed claims are:                                                                               
        18   Parthesarathy US 6,353,926 B1 Mar. 5, 2002                                                         
        19                                          (Jul. 15, 1998)                                             
        20   Bradford US 6,678,679 B1 Jan. 13, 2004                                                             
        21                                          (Oct. 10, 2000)                                             
        22   Himmel US 6,742,052 B2 May 25, 2004                                                                
        23                                          (Aug. 9, 2001)                                              
        24   Kroening US 6,859,924 B1 Feb. 22, 2005                                                             
        25                                          (Dec. 12, 2000)                                             
        26                                                                                                      

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