Appeal 2007-1094
Application 09/844,976
VBI of a TV broadcast signal together with the TV program so that the user
can receive various information. (Col. 1, ll. 25-40).
Owa describes a digital broadcasting system for broadcasting
multimedia data to a terminal device in a mobile station. (Col. 1, ll. 6-9; Fig.
1).
A reference cited in an IDS dated January 30, 2006 submitted by
Appellant states that "stratospheric telecommunications networks us[e] high-
altitude planes or balloons to serve as sort of tall antennas or very low
satellites, depending on the perspective." (Robert Glenn et al., Wireless
Information Technology for the 21st Century 17 (Info. Tech. Lab., Nat'l Inst.
of Standards & Tech., Draft Wireless White Paper, Feb. 17, 1999)).
PRINCIPLES OF LAW
"In reviewing the [E]xaminer's decision on appeal, the Board must
necessarily weigh all of the evidence and argument." In re Oetiker, 977 F.2d
1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992).
On appeal, Appellant bears the burden of showing that the Examiner
has not established a legally sufficient basis for the rejection of the claims.
Appellant may sustain its burden by showing that where the Examiner
relies on a combination of disclosures, the Examiner failed to provide
sufficient evidence to show that one having ordinary skill in the art would
have done what Appellant did. United States v. Adams, 383 U.S. 39 (1966);
In re Kahn, 441 F.3d 977, 987-988, 78 USPQ2d 1329, 1336 (Fed. Cir.
2006); DyStar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick,
Co., 464 F.3d 1356, 1360-1361, 80 USPQ2d 1641, 1645 (Fed. Cir. 2006).
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