Ex Parte DOUGHERTY et al - Page 7




          Appeal No. 2002-1952                                                        
          Application No. 09/071,373                                                  

          2, lines 44-48).  Kelly, in fact, provides for entry of data for            
          describing date, time and channel of the selected event in the              
          form of a bookmark entry for custom programing (col. 3, lines 44-           
          50), that may also be used to evaluate viewer preferences and               
          viewing patterns (col. 4, lines 34-37).                                     
               Based on our findings above, we agree with Appellants’                 
          argument (reply brief, page 2) that even if Kelly’s bookmarking             
          of TV programs may be used in the interactive system of Florin              
          for marking programs from a program listing, it does not provide            
          for establishing reminders for future broadcasts while viewing              
          the program, as required by Appellant’s claim 1.  In that regard,           
          while Florin indicates that programs are marked for reminders               
          (col. 12, lines 9-12) and Kelly marks a program for date, time              
          and channel, the combination fails to teach or suggest                      
          establishing a reminder for an event or a future broadcast                  
          related to the broadcast program as the broadcast program is                
          being displayed and without requiring a previous display of a               
          program listing.  In fact, Kelly accesses the on-line broadcast             
          listings in central database 40 for bookmarking a selected                  
          broadcast event or website for automated future viewing.                    
          Therefore, contrary to the Examiner’s assertion (answer, page 7)            
          that “Kelly’s ‘bookmark’ feature is equivalent to the teaching of           

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