Appeal No. 1999-0155
Application 08/369,676
(by listening to the audio portion) while viewing the
electronic program guide. Therefore, the claimed invention
(claims 32 and 37) would have been a mere modification of the
system disclosed by Florin et al."
Appellants argue that Florin, Young or Marshall, alone or
in combination, do not disclose or suggest the claimed tuning
to the second channel to provide a broadcast of the second
program on the screen in response to the movement of the
pointer. See pages 5-13 of the brief and pages 2-3 of the
reply brief. Appellants also argue that the program guide
shown by Marshall or Young is not of the same type as claimed
because the information provided by the guide in Young or
Marshall only pertains to a single channel.
Regarding the argument of Appellants that Young or
Marshall do not show the type of program guide claimed by
Appellants, we note that, to the extent claimed, a program
guide covering a portion of the screen displaying a program is
indeed shown by Marshall or Young. As to the type of
information in the program guide, that is shown by Florin, see
-7-
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