Appeal No. 2005-2184 Παγε 5
Application No. 09/457,728
analog formats, the receiver is capable of switching between the audio and digital
systems so that the best reception is provided for the program. (Abstract).
Mackintosh describes a system for delivering broadcast material to a listener via
the Internet (col. 3, lines 17 to 21). In Makintosh, a radio station provides broadcast
material to a broadcast Internet provider (col. 8, lines 41 to 44). The Internet service
provider then provides the broadcast to the listener via the listener’s computer (col. 3,
lines 17 to 19).
The examiner does not direct our attention to anything in the prior art which
would have motivated a person of ordinary skill in the art to provide an Internet interface
available through a computer in the Göken radio. Rather, the examiner reasons,
without reference to Göken or Mackintosh, that a person of ordinary skill in the art would
have been motivated to include the internet interface described in Mackintosh in the
Göken radio in order to improve and provide the use of an analog and/or digital radio
broadcast transmission via Internet. As we stated above, the motivation must come
from the references themselves. In addition, as Göken describes a radio that can
receive both analog and digital broadcast and does not include a computer, it is not
clear why a person of ordinary skill in the art would have been motivated to include an
Internet interface. We agree with the appellants that there is no motivation to combine
the teachings of Göken and Mackintosh. Therefore, we will not sustain the rejection.
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