Ex Parte Rashkovskiy - Page 6



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

          mediums, as required by the instant claims.  It is true that                
          Hidary shows two different mediums for presenting the content and           
          the advertisement, but there does not appear to be any reason for           
          the artisan to have modified Hidary to provide for an                       
          interruption of the content in order to display the                         
          advertisement.                                                              
               Hidary recognized the old broadcast TV method of                       
          interrupting programs to display advertisements.  This is                   
          apparent throughout Hidary’s disclosure as, for example, at                 
          column 2, lines 62-64, wherein it is disclosed that                         
               advertisers can speak more directly to consumers by                    
               directly sending Web pages to the consumer instead of                  
               only displaying Web addresses in their commercials; and                
               consumers can gain a new level of interest and                         
               interactivity over a video-based medium.                               
               Thus, it is clear that Hidary wants to get away from the               
          mere watching of TV commercials which interrupt regular broadcast           
          TV programs and wants to involve viewers interactively.  This is            
          why Hidary provides for simultaneous display of content and                 
          advertisement.  Accordingly, it would appear contrary to Hidary’s           
          teachings to merely interrupt a broadcast TV program with the               
          display of an advertisement, rather than the simultaneous display           
          of both.  Accordingly, we find that the skilled artisan would not           

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