Ex parte COLEY et al. - Page 3




          Appeal No. 1998-0937                                       Page 3           
          Application No. 08/415,911                                                  


          Torres                        5,140,678                Aug. 18,             
          1992                                                                        
          Schwob                        5,152,011                Sep. 29,             
          1992                                                                        
               Claims 1 through 14 stand rejected under 35 U.S.C. 103 as              
          unpatentable over Schwob and Torres.                                        
               Reference is made to the brief and answer for the                      
          respective positions of appellants and the examiner.                        
                                       OPINION                                        
               We reverse.                                                            
               The examiner has not, in our view, established a prima                 
          facie case of obviousness with regard to the claimed subject                
          matter.                                                                     
               At the outset, we would note that the portions of Schwob               
          relied on by the examiner disclose a radio receiver and it is               
          difficult to determine what the examiner considers to be the                
          claimed “communication network” and a “computer coupled to the              
          communication network, the computer having a display unit.”                 
          However, assuming the examiner considers the receiver itself to             
          be the claimed computer and that the receiver, together with                
          whatever stations are pulled in, form a “communication                      
          network,” it is our view that Schwob simply does not disclose               








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