Ex parte GIBBON et al. - Page 10




          Appeal No. 1998-1323                                                        
          Application 08/252,861                                                      


          closed captioned text and then forms a further association                  
          between the closed captioned text and the video corresponding               
          thereto.  Thus, Cragun ends up storing specific closed                      
          captioned text along with corresponding video.  Claim 25 does               
          not exclude the user as the source of the correspondence                    
          information.  We agree with the examiner that claim 25 is                   
          broad enough to read on the disclosure of Cragun.  Therefore,               
          we sustain the rejection of claim 25 as anticipated by Cragun.              
          We note that there are certain similarities between                         
          the invention of claim 25 and the invention of claim 1.  We                 
          have reversed the rejection of claim 1 because it is based on               
          Takahashi while we have affirmed the rejection of claim 25                  
          based on Cragun.  As noted above, we do not view Cragun as                  
          actually applied against claim 1.  We leave it to the examiner              
          to determine whether Cragun and/or any other prior art                      
          suggests the obviousness of any of claims 1-24.                             
          In conclusion, we have sustained the examiner’s                             
          rejection of claim 25, but we have not sustained the                        
          examiner’s rejection of claims 1-24.  Accordingly, the                      
          decision of the examiner rejecting claims 1-25 is affirmed-in-              
          part.                                                                       
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