Ex Parte GIAMMARESSI - Page 2




               Appeal No. 2005-0129                                                                                              
               Application No. 09/406,353                                                                                        


                                                       BACKGROUND                                                                
                      Appellant's invention relates to a video-on-demand (VOD) distribution system                               
               where, depending upon the bandwidth available, the system will transmit the most                                  
               appropriate copy of the media information.  An understanding of the invention can be                              
               derived from a reading of exemplary claim 17, which is reproduced below.                                          
                      17.     In a video-on-demand (VOD) distribution system comprising provider                                 
                      equipment and subscriber equipment, said provider equipment providing VOD                                  
                      content to said subscriber equipment via a forward channel, said subscriber                                
                      equipment requesting said VOD content via a back channel, a method                                         
                      comprising the steps of:                                                                                   
                              determining whether said VOD distribution system has sufficient                                    
                      bandwidth available to provide VOD content requested by a subscriber;                                      
                              providing, in the event of appropriate bandwidth availability, said                                
                      requested VOD content to said subscriber using content encoded in a manner                                 
                      adapted to utilize said appropriate bandwidth; and                                                         
                              providing, in the event of minimum bandwidth availability, said requested                          
                      VOD content to said subscriber using content encoded in a manner adapted to                                
                      utilize minimum bandwidth.                                                                                 

               The prior art of record relied upon by the examiner in rejecting the appealed claims is as                        
               follows:                                                                                                          
               Hang                                  5,115,309                             May 19, 1992                          
               Brown                                 5,822,530                             Oct. 13, 1998                         
               Ravi et al. (Ravi)                    6,292,834                     Sep.18, 2001                                  
                                                                    (filed Mar. 14, 1997)                                        




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