Ex Parte Gutta et al - Page 12

                Appeal 2007-1122                                                                             
                Application 09/966,414                                                                       

                enough that the claim term "narrow description" encompasses those items in                   
                the subscriber profile that have been rated by the subscriber and the claim                  
                term "broad description" encompasses those empty spaces in the subscriber                    
                profile for items that will be rated by others.  (Finding of Fact 3.)                        
                      Therefore, as claimed, the subject matter of claim 9 reads on Payton.                  
                Claim 11 was not argued separately, and stands or falls together with                        
                claim 9.                                                                                     

                                         CONCLUSION OF LAW                                                   
                      Based on the findings of facts and analysis above, we conclude that                    
                the Examiner did not err in rejecting claims 1-6, 8-9, and 11.  The rejection                
                of those claims is affirmed.                                                                 

                                             OTHER ISSUES                                                    
                      We note that there appears to be a lack of antecedent basis for the                    
                term "the recommender" in claim 5.  There also appears to be a possible                      
                section 112, second paragraph, indefiniteness issue with respect to "the                     
                recommendations" recited in the second to last line of claim 9 because there                 
                are two prior claim limitations that each recite generating recommendations.                 
                We do not address these issues further in this decision.                                     








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