Ex Parte Jasinschi et al - Page 3

               Appeal 2007-1699                                                                            
               Application 10/165,904                                                                      

                      The prior art relied upon by the Examiner in rejecting the claims on                 
               appeal is:                                                                                  
               Eichstaedt                             US 6,654,735 B1                    Nov. 25, 2003     
               Schaffer                                WO 01/13264 A2                   Feb. 22, 2001      
                      Claims 1-3, 6-15, 17-22 and 24 stand rejected under 35 U.S.C.                        
               § 102(a) as being anticipated by Schaffer.                                                  
                      Appellants contend that the Examiner erred in his rejection because                  
               Schaffer does not teach analyzing user queries and determining a degree to                  
               which the user queried for more information; inferring values about the user                
               from the user queries; or determining inferences about the user’s interests                 
               and preferences (Br. 8, 9).  The Examiner contends that Schaffer,                           
               particularly the section on creating a customized piece of enhanced data                    
               content (Answer 5-6), discloses the limitations of the claims.                              
                      Rather than repeat the arguments of Appellants or the Examiner, we                   
               make reference to the Briefs and the Answer for their respective details.                   
               Only those arguments actually made by Appellants have been considered in                    
               this decision.  Arguments that Appellants could have made but chose not to                  
               make in the Briefs have not been considered and are deemed to be waived.                    
               See 37 C.F.R. § 41.37(c)(1)(vii) (2005).                                                    
                                                  ISSUE                                                    
                      The principal issue in the appeal before us is whether the Examiner                  
               erred in holding that Schaffer analyzes user queries, infers values about a                 
               user, and determines inferences about a user’s interests and preferences in                 
               the manner claimed by Appellants.                                                           



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