Appeal No. 97-3256
Application 08/280,012
time periods of Audebert. Each of these independent claims
recites the calculation of time periods Tr12 = T2 - T1 and Tr25 =
T5 - T2 calculated at the player’s device. Each of these claims
also recites the calculation of time period Ta15 = T5 - T1
calculated at the server. Finally, each independent claim
recites a means for verifying the following relationship:
Tr12 + Tr25 = Ta15 ± tolerance values.
Appellant argues that Audebert does not calculate or
verify any time period based on the value T1 and, therefore, does
not anticipate or teach the relationships recited in the
independent claims. The examiner argues that the invention of
independent claims 1, 6, 7 and 15 is clearly disclosed by
Audebert or would have been obvious to the artisan in view of the
teachings of Audebert. We find ourselves in agreement with
appellant.
The examiner has failed to consider all the language of
the claims. The examiner has determined that the system of
Audebert is the same as the claimed invention because similar
functions are carried out by both devices. The examiner has
never addressed, however, how Audebert can meet the recitations
of Tr12 and Ta15 as well as the relationship set forth in the
claims when neither of these values is ever computed or acquired
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