Ex Parte Rashkovskiy - Page 3



          Appeal No. 2004-0992                                                        
          Application No. 09/560,458                                                  

          distribution system (column 2, lines 37-38), which reads on                 
          automatically accessing an advertisement distributed over a first           
          medium; accessing content over the Internet, which reads on a               
          second medium, and displaying the advertisement in association              
          with the content from the second medium (column 3, lines 45-49).            
               The examiner indicates that Hidary does not teach                      
          interrupting the content to display the advertisement and does              
          not teach inserting advertising material.  However, the examiner            
          alleges that this is the “common mode” (answer-page 4) for                  
          combining advertising with content in commercial television                 
          broadcasting.  Accordingly, the examiner concludes that it would            
          have been obvious to interrupt the content to display the                   
          advertising.                                                                
               With regard to claim 5, the examiner alleges that Hidary               
          teaches accessing the advertisement at a certain period of time             
          (column 5, line 66 through column 6, line 3) and that this reads            
          on accessing the advertisement in response to an elapsed period             
          of time.                                                                    
               With regard to claims 15-26, the examiner alleges that                 
          Hidary teaches providing through a server 28 access to other                
          content (column 5, lines 39-44) and automatically displaying                

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