Ex parte FARRIS et al. - Page 7




          Appeal No. 1998-1345                                                        
          Application 08/362,318                                                      

          determines whether the segment should be rated as "None,"                   
          "Implied," "Explicit," or "Graphic" for each category and                   
          these ratings are stored in a content descriptive structure                 
          (col. 6, lines 27-37) which is used in deciding whether to                  
          omit or add segments.  Thus, any "detection" is done by a                   
          human.  Claims 3 and 4 require that the detection and blocking              
          be performed by an "interactive program object," which                      
          excludes performance by a human.  Moreover, the claimed                     
          detection is done by the interactive program object monitoring              
          the text source (claim 3) or performing speech recognition on               
          the audio information (claim 4), which is not performed by                  
          Abecassis.  Because the claimed invention monitors the text                 
          source or performs speech recognition, the detection can be                 
          performed on broadcast information or video on demand, whereas              
          Abecassis requires the segments with objectionable language to              
          be pre-classified by a human, which means that Abecassis can                
          only work on pre-classified material.  While the same ultimate              
          result of eliminating objectionable language may be achieved                
          in Abecassis (it is questionable whether omitting a segment                 
          with objectionable language in Abecassis meets the limitation               
          of blocking the audio information since Abecassis eliminates                

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