Ex Parte Hayes et al - Page 4

                Appeal 2006-3350                                                                              
                Application 10/287,411                                                                        

                                           FINDINGS OF FACT                                                   
                   1. We find that Appellants invented a claimed method (and device)                          
                      comprising the steps of [paraphrased] … displaying a program guide                      
                      in a portable device; receiving a request to record a program; storing                  
                      data indicative of the recording request in the portable device;                        
                      establishing communication with a recording appliance and causing                       
                      the portable device to provide the recording request to the appliance.                  
                      (See claim 1 above for the exact language.)                                             
                   2. On review of the Huang reference, we find it teaches the display of a                   
                      program guide in a handheld portable device (see Figure 1), and the                     
                      receiving of a request to record a program (see col. 5, l. 28) which is                 
                      transmitted to a TV or a recording appliance (see col. 8, ll. 22 to 32).                
                   3. Careful study of the logic diagram in Figure 4 of Huang, and the                        
                      supporting text (see col. 8, ll. 22 to 32) indicates that there is no                   
                      teaching of the storing in a memory of the portable device data                         
                      indicative of the recording request.  Instead, the Huang device teaches                 
                      an instantaneous action- if the request is received while the program is                
                      on, then the channel of the TV is turned to that program.  If the TV                    
                      program is not yet on, then the Huang device will program a VCR                         
                      appliance to record the TV program.  An essential element of the                        
                      claimed invention is lacking.                                                           
                   4. Examiner presents the Sai reference to provide the teaching of the                      
                      storage of the record request, and transmission of it to the recording                  


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