Ex Parte Janakiraman et al - Page 6

              Appeal 2007-1658                                                                     
              Application 09/838,428                                                               

              6, 10 through 13, and 17 through 20, which have not been separately                  
              argued.2                                                                             
                    Appellants (Br. 23-25) contend that Cruz, added to the primary                 
              combination by the Examiner for rejecting claims 7, 14, and 21, fails to             
              suggest discarding remaining moving video frames from the first plurality of         
              moving video frames, as recited in each of claims 7, 14, and 21.  The second         
              issue, therefore, is whether Cruz, in combination with Loui and Bergen,              
              suggests discarding the remaining video frames.                                      
                    The Examiner relies (Answer 9) on deselecting the "video" checkbox             
              in Figure 2 of Cruz as suggesting discarding remaining video.  However, the          
              checkbox operates to determine whether or not video is to be displayed.              
              Cruz does not address whether remaining video should be discarded after a            
              single frame has been extracted from the video stream.  Since Loui and               
              Bergen also fail to address this limitation, we will reverse the obviousness         
              rejection of claims 7, 14, and 21.                                                   

                                             ORDER                                                 
                    The decision of the Examiner rejecting claims 1, 3 through 8, 10               
              through 15, and 17 through 21 under 35 U.S.C. § 103 is affirmed as to                

                                                                                                  
              2 We note that Bergen discloses (col. 20, ll. 14-44) a video book in which a         
              temporal index of a movie can be presented as a series of frames, wherein            
              each frame represents a scene from the movie.  Each scene has a prewritten           
              description of the contents which can be requested after the frames are              
              viewed.  Thus, Bergen's video book includes extracting frames from a video           
              with text data associated in time with the video frames.  The main difference        
              between Bergen and claim 1 appears to be that Bergen displays the text after         
              the user views the still images, not in association with the still images.           

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