Ex Parte GOLDSCHMIDT IKI et al - Page 12




          Appeal No. 2001-2003                                                        
          Application 08/939,185                                                      


          of the entertainment system data represented and the actual name            
          of a program presents specific data related to that generic trait           
          or category.                                                                
               The subject matter of independent claim 55 is anticipated              
          by Lopresti, at least to the extent argued at pages 12 and 13 of            
          the principal brief on appeal and the reply brief beginning at              
          page 7.  As to this claim, we note initially that appellants                
          present no arguments that the data engine and the graphical query           
          interface features of claim 55 are not taught or suggested in               
          Lopresti at page 13 of the principal brief on appeal.  As to the            
          remaining data parser feature, appellants recognize at the bottom           
          of page 7 of the principal brief on appeal that Lopresti's remote           
          control device parses the handwritten symbols traced on the                 
          remote control pad.  This is repeated at page 13 of the principal           
          brief on appeal.  Appellants' argument that Lopresti's symbols,             
          such as the hand-drawn symbols by the user, are associated with             
          channels and not with programs is misplaced since the claimed               
          feature of the data parser relates only to broad entertainment              
          system data associated with an entertainment selection and                  
          not with channels or programs.  Still, a broadly defined                    
          entertainment selection clearly could be a channel or a program.            


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