Appeal 2007-0025 Page 6
Application 09/792,151
be customized. Also, note that the header block can indicate a default color
or that the default color may be changed or not changed. Identifying default
colors for the program information/electronic content and which values of
the program information that can be changed or not changed qualifies as
advertising information that designates preferences related to the
program/content information. Hence, Dedrick discloses broadcasting both
content/program and advertising/preference information.
(Answer 17).
2. Appellants conceded that the references show broadcasting advertising
information. However, Appellants disagreed that Dedrick shows, in addition to
advertising information, broadcasting preference information, place or time.
… Dedrick does not teach broadcasting advertising information that
includes information about at least one of a time, place and preferences
along with the program information to the terminal device, as recited in
independent Claims 2, 5, 15 and 16 and similarly recited in Claims 7, 8, 9,
and 13. Dedrick teaches that the filtered program information is broadcast to
the customer or terminal device. The advertisement information is used to
filter the proper advertisement using a metering server and various other
servers. The user terminal only receives the program information. In
Dedrick, the end terminal client server does not filter the advertisement or
receive any advertisement information. See Figure 7a, and Col. 18-19.
Similarly, Angles fails to teach broadcasting both advertising
information and program information to the terminal device. The Angles
reference solely teaches that customized advertisements are selected based
on consumer profiles. See Abstract. Specifically, an advertising request is
sent to the advertisement provider's computer by the consumer's computer.
In response to this request, a custom advertisement is broadcast and
combined with the offering from the content providers computer and
displayed to the consumer. See Abstract. However, the preference
information, place or time is not broadcast with the advertisement.
The Freeman reference also suffers from the same deficiency.
(Br. 14-15).
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