Ex parte NOGUCHI et al. - Page 9




          Appeal No. 1999-0155                                                        
          Application 08/369,676                                                      


          interpretation of the phrase "in response to" in claim 32.  We              
          are of the view that the claimed limitation "tuning to the                  
          second channel to provide a broadcast of the second program on              
          the screen in response to the movement of the pointer"                      
          requires that the second channel is tuned as the pointer is                 
          moved to the second channel without any additional step of                  
          pressing any other function key on the remote control.                      
          Therefore, we agree with Appellants that the combination of                 
          Florin, Young and Marshall does not satisfy the claimed                     
          limitation.                                                                 
               With respect to the other independent claim, 37, we note               
          that this is an apparatus claim.  It contains a limitation                  
          corresponding to the above limitation.  Consequently, the                   
          combination of Florin, Marshall and Young does not meet the                 
          claim limitation "said system responding to the movement of                 
          the pointer to the selected location by tuning the second                   
          channel to provide a broadcast of a second program on the                   
          screen."                                                                    




               Therefore, we do not sustain the obviousness rejections                
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