Ex parte PINES et al. - Page 8



          Appeal No. 95-1942                                                          
          Application 08/135,190                                                      


                         maintaining a play list of recordings selected               
                    for play and their order of play [the "play list" in              
                    Rowe]:                                                            
                         playing recordings upon accepting credit of at               
                    least a predetermined amount [the amount required to              
                    play a non-"premium" recording];                                  
                         determining if an amount greater than said                   
                    predetermined amount [the "premium" amount] has been              
                    received;                                                         
                         determining if the customer has made a                       
                    prioritized recording selection [has selected a                   
                    recording designated by the owner as having both                  
                    "priority" and "premium" status];                                 
                         if an amount greater than said predetermined                 
                    amount [if the "premium" amount] has been received                
                    and the customer has made a prioritized recording                 
                    selection [has selected a recording that has                      
                    "priority" and "premium" status], then prioritizing               
                    the play list whereby the prioritized selection will              
                    be played in advance of other selections which have               
                    not been prioritized.                                             
          We note the last paragraph of the claim does not require that               
          the "priority" status of the "prioritized selection" be                     
          determined by whether or not the customer has paid "an amount               
          greater than said predetermined amount," i.e., the "premium"                
          amount.                                                                     
                    Consequently, we are affirming the § 103 rejection                
          of claim 17 and of claim 7, which is grouped therewith, over                
          the admitted prior art jukeboxes in view of Rowe and Pioneer.               





                                         -8-                                          


Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next 

Last modified: November 3, 2007