Ex Parte Rashkovskiy - Page 5



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

          different medium and that there is no motivation for modifying              
          Hidary to provide for such.                                                 
               We agree with appellant.                                               
               Each of claims 2-7 and 9-14 requires accessing an                      
          advertisement distributed over a first medium, accessing content            
          from a second medium and interrupting the content and displaying            
          the advertisement.  It is clear that Hidary does disclose two               
          mediums, a TV broadcast, and the Internet, whereby content is               
          accessed from one medium and advertisements are accessed from the           
          other medium.  But, Hidary displays the content simultaneously              
          with the advertisement material, rather than interrupting the               
          content and displaying the advertisement.                                   
               The examiner recognizes this deficiency in Hidary but                  
          contends that it would have been obvious to display the                     
          advertisement by interrupting the content in view of the old and            
          well known technique, in broadcast TV, of interrupting the                  
          content of a television program by commercials, i.e.,                       
          advertisements.                                                             
               We agree that it was well known, in commercial TV, to                  
          interrupt program content for permitting advertisements.                    
          However, in such cases, the advertisement and the program content           
          both emanate from the same medium, rather than two different                
                                         -5–                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007