Ex Parte Dacosta - Page 13



         Appeal No. 2006-2208                                                       
         Application No. 10/782,265                                                 

         (col. 6, lines 31-43).  Yen further describes displaying a list of content related to a
         selected word when a primary word is selected by allowing the user to select a
         particular crosslinked information element such as an Internet service (col. 6, lines 44-
         52) when the cross linked information is represented as hypertext links displayed in the
         closed caption text (col. 11, lines 4-16).                                 
              In view of the discussion above, we find that as all the elements recited in
         claim 1 are taught in the reference, Yen anticipates the claimed subject matter.
         Accordingly, claim 1 is unpatentable under 35 U.S.C. § 102.                
              In addition to reversing the Examiner’s decision with                 
         respect to the 35 U.S.C. § 103, this decision contains a new               
         ground of rejection pursuant to 37 CFR § 41.50(b).  37 CFR                 
         § 41.50(b) provides “[a] new ground of rejection pursuant to this          
         paragraph shall not be considered final for judicial review.”              
              37 CFR § 41.50(b) also provides that the appellant, WITHIN            
         TWO MONTHS FROM THE DATE OF THE DECISION, must exercise one of             
         the following two options with respect to the new ground of                
         rejection to avoid termination of the appeal as to the rejected            
         claims:                                                                    
                   (1) Reopen prosecution.  Submit an appropriate                   
         amendment of the claims so rejected or new evidence relating to            
         the claims so rejected, or both, and have the matter reconsidered          

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