Appeal No. 1997-1011
Application No. 08/250,631
receiver in the middle of the night would have been obvious
because the operator might preprogram the system to turn on and
receive icons for later. However, in the absence of the second
type of icon, we find no motivation for down-loading such icons
by automatically turning on the receiver. Accordingly, we cannot
sustain the rejection of claim 18 nor the rejection of claim 22,
which is grouped therewith.
Claims 16 and 17 include the same limitations as claim 11,
with the addition of a non-volatile memory for one of the
function specific memories. Seth-Smith, which was applied for a
teaching of non-volatile memory, does not cure the deficiencies
discussed above. Thus, we cannot sustain the rejection of claims
16 and 17.
The examiner should consider the attached disclosure on
pages 80-81 of Television Electronics: Theory and Servicing ,
eighth edition, by Milton S. Kiver and Milton Kaufman, published
in 1983, in determining the obviousness of the claims. For
example, in reference to claim 1, pages 80-81 indicate that
information which may be transmitted and displayed visually with
program related data signals include text for deaf viewers (close
captioning) and channel number or other broadcast messages
(which, broadly interpreted, could include source data).
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