Ex Parte Pestoni et al - Page 5

               Appeal 2007-0962                                                                             
               Application 09/928,347                                                                       
                                                                                                           
               content preferences from multiple users.  The Examiner cites Hosken as                       
               teaching this feature and concludes that it would have been obvious to one of                
               ordinary skill in the art at the time of the invention to modify Noll to collate             
               preferences from multiple users to increase efficiency, provide consistency                  
               with users’ personal interests, and enable a wider variety of content                        
               recommendations to users (Answer 5-6, 23).                                                   
                      Appellants argue that the prior art does not disclose the claimed                     
               dynamic allocation and collation elements as claimed (Br. 10).  Additionally,                
               Appellants argue that it is improper to combine Hosken with Noll since both                  
               references disclose different content delivery methods:  Noll provides                       
               channels, while Hosken provides a static list or table of content information                
               (Br. 10-11).  Appellants add that even if the combination was proper, the                    
               combination at best teaches comparing one user’s profile against other                       
               users—not collating preferences as claimed (Br. 11).                                         
                      Appellants argue that Noll’s content is not dynamically allocated or                  
               retained, but rather merely classified and filtered before it is sent to the user            
               (Br. 11).  Appellants further argue that Noll is silent regarding collating                  
               preferences from multiple users, but rather merely collects content based on                 
               single user preferences (Br. 12-13).                                                         
                      Regarding the secondary reference to Hosken, Appellants contend that                  
               Hosken does not disclose dynamically allocating bandwidth in multiple                        
               channels to which users are allocated access.  According to Appellants,                      
               Hosken merely discloses a content referral system tailored to the                            
               personalized interests of a single user (Br. 13-14).  Appellants also contend                
               that Hosken does not disclose collating preferences by multiple users, but                   



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