Ex Parte Hayes et al - Page 5

                Appeal 2006-3350                                                                              
                Application 10/287,411                                                                        

                      appliance when a communications channel is established.  Examiner                       
                      indicates in his Answer 3:                                                              
                         The Sai INFORMATION DISPLAY CONTROL APPARATUS                                        
                         AND METHOD patent discloses in response to receiving input                           
                         from the user requesting that the program be recorded, storing in a                  
                         memory of the portable device data indicative of the recording                       
                         request; (see col. 8, ll. 8-67).  It would have been obvious to one of               
                         an ordinary skill in the art, having the teaching of Huang and Sai                   
                         before him at the time the invention was made, to modify in                          
                         response to receiving input from the user requesting that the                        
                         program be recorded, storing in a memory of the portable device                      
                         data indicative of the recording request as taught by Sai to a PDA                   
                         platform of Huang.                                                                   
                   5.  Though Sai teaches the storage of a request to record a TV program,                    
                      we find that the device and method of Sai are significantly different                   
                      from the claimed invention, and different from Huang.  There is no                      
                      provision in Sai for the display of the program guide on the handheld                   
                      portable unit; rather the program guide is on the TV.  (See the portable                
                      device in Figure 2, and the diagram including the Display 12 in Figure                  
                      1).  We thus find that the system of Sai does not refer to a similar                    
                      environment nor to a similar function as that claimed.  A user of the                   
                      Sai system cannot be outside of the range of viewing the program                        
                      guide on the TV to make his selection, while the claimed environment                    
                      is designed for the selection specifically while the user is outside of                 


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