Ex Parte Brown et al - Page 8

             Appeal 2007-0728                                                                                   
             Application 09/954,796                                                                             

        1    03. Thus, Parthesarathy shows querying a user as to the needs of the user, i.e.,                   
        2          whether the user desires to load a new software update.                                      
        3 04. To characterize is to describe the qualities or peculiarities of4.3                                                                                                      
        4    05. To determine whether the user desires to load the new software update is to                    
        5          describe the qualities or peculiarities of the user’s desires.                               
        6    06. Thus, Parthesarathy shows characterizing the use of the user based upon the                    
        7          user responses.                                                                              
        8    07. Updating of the installed software performed when, in response to the                          
        9          querying step, the user indicates a desire to load the new software update is a              
        10         provision of a software program that may be beneficial to the user based on                  
        11         the characterization of the user’s desires.                                                  
        12   08. Thus, Parthesarathy shows providing software programs that may be                              
        13         beneficial to the user based upon the characterization of the use.                           
        14   09. Parthesarathy shows that its software is distributed over a network                            
        15         (Parthesarathy, col. 1, ll. 35-40).                                                          
        16   10. Software is distributed over a network from a network server that contains a                   
        17         storage medium for the software to the requesting computing device.  Such                    
        18         distribution is colloquially referred to as downloading.                                     
        19   11. Thus, Parthesarathy shows downloading from a storage medium read by the                        
        20         computing device.                                                                            



                                                                                                               
             4 See supra, note 3.                                                                               
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