Ex Parte Gutta et al - Page 3

                Appeal 2007-1246                                                                                   
                Application 10/014,180                                                                             

                                                    OPINION                                                        
                       Independent method claims 1 and 10 recite the steps of computing a                          
                distance between corresponding symbolic features and aggregating the                               
                distances.  Independent system claims 19 and 22 recite a processor                                 
                configured to execute the steps of computing a distance and aggregating the                        
                distances.  Similarly, independent system claim 20 recites "means for"                             
                performing the above noted steps.  Independent claims 21 and 23 recite                             
                program code means for accomplishing the above noted steps.  Thus, each of                         
                Appellants' independent claims requires a step of computing a distance                             
                between corresponding symbolic features and a step of aggregating the                              
                distances.                                                                                         
                       The Examiner asserts (Answer 4) that Bieganski's serendipity control                        
                value equals the claimed distance.  The Examiner explains (Answer 5) that                          
                the serendipity control value "is a means to measure or rank the similarities                      
                (i.e., distance) between the items in the user preference data."  Further the                      
                Examiner asserts (Answer 4) that Bieganski discloses aggregating the                               
                distances at column 14, lines 32-56.  The Examiner explains (Answer 9) that                        
                Bieganski teaches aggregating the distances because "the serendipity-                              
                weighted and filtered recommendation with the serendipity control value . . .                      
                is added to the set of serendipity weighted and filtered recommendations"                          
                (emphasis in original).                                                                            
                       Appellants contend (Br. 9 and Reply Br. 2) that Bieganski's                                 
                serendipity control value is not equal to the claimed distance between                             
                corresponding symbolic features.  Further, Appellants contend (Br. 9-10 and                        
                Reply Br. 3-4) that Bieganski fails to disclose the claimed step of                                
                aggregating the distances.  The issues, therefore, are whether the serendipity                     

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