Ex Parte Kammer - Page 9


               Appeal 2007-2355                                                                             
               Application 10/006,952                                                                       

               without displaying a list to the user. With regard to Fig. 2 and item 222,                   
               Appellant submits Hendrey teaches that group members within a maximum                        
               distance are selected, but does not teach that members of a group list 220 are               
               sorted in group list 220 based on distance values in distance entry 222. Thus,               
               Appellant concludes the combination of Bork and Hendrey does not teach or                    
               suggest listing identifiers on a display where the list is sorted in order of                
               distance and/or direction, as required by the language of claim 1 (App. Br.                  
               8).                                                                                          
                      The Examiner disagrees.  The Examiner notes that a step of “sorting”                  
               is not claimed, only that the displayed list is sorted by distance or direction              
               (See Claim 1).  The Examiner points out that in the case where only two                      
               contacts meet the criteria, the lists would be inherently sorted (either sorted              
               greatest to lowest or lowest to greatest), as broadly claimed. In the example                
               shown in Hendrey's Fig. 2 (i.e., a list with two entries), the Examiner                      
               submits that regardless of the two values shown, Hendrey’s list of two                       
               entries is either sorted greatest to lowest or lowest to greatest (distance), and            
               therefore clearly meets the broadly claimed “sorted” limitation (Ans. 13).                   
               The Examiner acknowledges that Hendrey’s matchmaker is automated in the                      
               embodiment argued by Appellant (Ans. 15).  However, the Examiner notes                       
               that Hendrey teaches an alternate embodiment, at column 12, lines 52-56,                     
               where a person performs the matchmaker functions.  Regarding displaying                      
               the list of callees, the Examiner reasons that a person cannot efficiently                   
               manipulate lists of user identifiers and relative distances without such data                
               lists being shown on the display of the wireless device (e.g., a cell phone)                 
               (Ans. 15).                                                                                   

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