Ex Parte Gutta et al - Page 5

                Appeal 2007-1122                                                                             
                Application 09/966,414                                                                       

                                                   ISSUE                                                     
                      The issue is whether Appellants have shown that the Examiner erred                     
                in rejecting the claims under 35 U.S.C. § 102(b).                                            

                                           FINDINGS OF FACT                                                  
                   1. Payton describes a virtual on-demand digital information system that                   
                      intelligently caches data at the site of local subscribers.  (Col. 1, ll. 9-           
                      14.)  By predicting which items a subscriber is likely to request and                  
                      storing those items locally, the system reduces the number of                          
                      subscriber requests that must be provided on-demand from the central                   
                      distribution server.  (Col. 3, ll. 33-37.)                                             

                   2. Payton discloses a subscriber data base 38 that stores a subscriber                    
                      profile 40 for each subscriber.  (Col. 5, ll. 6-7.)  The subscriber profile            
                      40 may include a rating vector in which the subscriber has rated items                 
                      that were previously requested, and also may include demographic                       
                      information about the subscriber such as the subscriber's general likes                
                      and dislikes.  (Col. 5, ll. 7-12; Fig. 6.)                                             

                   3. The rating vectors 146 of the subscriber profile 40 have a length equal                
                      to the total number of items stored in the central distribution server                 
                      24, and that each dimension of the vector corresponds to a particular                  
                      item 36 and is assigned a rating 148.  (Col. 8, ll. 50-54; Fig. 6.)                    
                      Empty spaces in the vector 146 represent items which have not been                     
                      rated, and ratings for these items are predicted by a collaborative filter             


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