Ex Parte ATON - Page 7

         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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