Appeal No. 2004-1702
Application 09/182,745
There are two types of claims: (1) the "programming
interface ... [including] a software Interactive Media Viewer
(IMV) module" (claim 1) or the "programming application for
creating an Interactive Multimedia Application ... [including an]
Interactive Multimedia Viewer (IMV) software module" (claims 6
and 11) embodied in a "computer readable medium"; and (2) "a
method for assembling an Interactive Multimedia Application
(IMA)... [including an] Interactive Multimedia Viewer (IMV)
software module" (claim 16). We take claim 1 as representative
of the IMV claims and consider method claim 16 separately.
Syeda discloses multimedia database sites 8 which can be
searched by the search agent 5 and refining module 7 with the aid
of meta-database 4 (see Fig. 2 and corresponding description).
Although the examiner forms the rejection in terms of
obviousness, the examiner really impliedly finds that Syeda
inherently has a "code set adapted to access and present media
code from multimedia files stored in a data repository" because
Syeda performs the claimed "access and present" functions. We
agree. Syeda must inherently have a program to perform the
functions, which can be called a "code set."
Syeda does not disclose control of access to the multimedia
files. Gill discloses controlling access to publication
information and publication data using a user's logon name and
password (col. 10, line 57, to col. 11, line 35). "The
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