Ex parte DEVAUX - Page 5




          Appeal No. 1999-0477                                       Page 5           
          Application No. 08/571,236                                                  




               The examiner concludes that it would have been obvious to              
          “use a ‘smart’ card taught by Moreno for the interactive                    
          system taught by Biggs in order to provide more security when               
          the user is using the interactive system.”                                  


               The appellant asserts (brief, page 6), inter alia, that                
          any obvious combination of Biggs and Moreno would not yield                 
          the appellant’s invention.  We agree, for the reasons which                 
          follow.                                                                     
               The appellant asserts (brief, page 7) Biggs does not                   
          disclose an image overlay means for overlaying an image                     
          corresponding to said received data on another image displayed              
          on the television receiver.  From the examiner’s statement,                 
          (answer, page 4) that the “overlaying image, ordered by the                 
          user is send [sic] to the user’s TELEVISION receiver to                     
          replace the old program” it is clear that as recognized by the              
          examiner, the image corresponding to the received data                      
          “replaces” and does not overlay another image.  In addition,                
          we find that although Biggs’s discloses (col. 3, lines 1-5)                 
          that “[t]he access phone 10 can be interfaced with a . . .                  







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