Appeal No. 1999-0478 Page 5
Application No. 08/534,106
After considering the record, we are persuaded that the
examiner erred in rejecting claims 1, 3-5, and 7-12.
Accordingly, we reverse.
We begin by summarizing the examiner's rejection.
Admitting that Kondo “does not expressly discuss inhibiting
the selection of one or more channels, and then granting
permission to those channels via a remote signal,” (Examiner’s
Answer at 4), the examiner asserts, “it would have been
obvious to one of ordinary skill in the art at the time of the
invention to have utilized the channel granting scheme of
Edwards in the distribution system of Kondo to increase
flexibility in the fee based service provided in airplanes.”
(Id.)
The appellant makes two arguments. First, he argues, "a
skilled artisan addressing the problems of providing in-flight
movies, simply would not logically turn to a cable television
network spread across a city to assist a flight attendant
handing out headphones." (Reply Br. at 6.)
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