Ex Parte Jasinschi et al - Page 4

               Appeal 2007-1699                                                                            
               Application 10/165,904                                                                      

                                          FINDINGS OF FACT                                                 
                      The following Findings of Fact (FF) are shown by a preponderance of                  
               the evidence.                                                                               
                                              The Invention                                                
                      1.    Appellants invented a system to provide content augmentation                   
               to generate, update and transform television personal profiles.  The content                
               augmentation corresponds to the particular TV program data that is relevant                 
               content information (Specification 2).                                                      
                      2.    A user history can be built by correlating the program being                   
               watched with an electronic program guide (EPG) that displays listings for                   
               the available channels.  Often the EPG displays the channel, the starting and               
               end times, the title, the names of starring actors and may even include a                   
               short synopsis of the story line (Specification 8).                                         
                      3.    Viewing information can be periodically uploaded.  The                         
               building of the user history in this manner is implicit in that the user does not           
               expressly provide feedback or indicate likes/dislikes.  The EPG data                        
               uploaded in this manner can be analyzed to update the user history to                       
               identify more subtle preferences.  A profile based on implicit viewing can                  
               often accurately indicate a viewer preference in lieu of or in addition to                  
               explicit feedback (Specification 9-10).                                                     
                                                 Schaffer                                                  
                      4.    Schaffer teaches a system for providing additional information                 
               relating to a media selection.  Enhanced content data is embodied in a                      
               plurality of data structures, each having a plurality of nodes.  A processor                



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