Ex Parte Harkness et al - Page 10


                   Appeal No. 2006-3231                                                                                               
                   Application No. 09/955,691                                                                                         

                   to access the Web site or content associated with the media link in order to discover the                          
                   identity of the program, or the program may be viewed by personnel of the central facility                         
                   28 in order to discover the identity of the program.”  [Specification, p. 17, ll. 5-10].                           
                   [Emphasis added.]                                                                                                  
                        Here we do not find that Appellants are claiming the automatic initiation of the link                         
                   to identify the program by the system, but that the media link may be used.  Here, we find                         
                   that URLs of Killian may be used to identify the program to some degree as discussed                               
                   above.  Therefore, the Examiner has established a prima facie case of obviousness, and                             
                   we will sustain the rejection of dependent claim 18.                                                               
                                                          CONCLUSION                                                                  
                        To summarize, we have affirmed the rejection of claims 1, 4, and 6 under 35 U.S.C.                            
                   § 102, and reversed the rejection of claims 5, 24, and 31-33 under 35 U.S.C. § 102,                                
                   affirmed the rejection of claims 2, 3, 7-23, 48, and 49 under 35 U.S.C. § 103, and                                 
                   reversed the rejection of claims 26-28, 30, and 50 under 35 U.S.C. § 103.                                          






















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