Ex Parte BROBERG - Page 7


                   Appeal No. 2000-0545                                                                                            
                   Application 08/638,339                                                                                          


                   method of merging channel guide information eliminates duplicate channels by allowing                           
                   only one channel of the duplicate channels to be displayed.  Klosterman, column 10, lines                       
                   55-60.  Therefore, we find that Klosterman teaches channel number arbitration provided                          
                   by a memory for storing a user built channel map (channel grid guide) comprising a                              
                   plurality of channel identifiers which the user has determined or assigned to correlate to a                    
                   channel number in one of the multiple sources.                                                                  
                          We next determine whether Klosterman teaches a mechanism for arbitrating                                 
                   among multiple audio/video sources having overlapping channel number assignments.                               
                   Klosterman states that television channel guide information can be received from                                
                   numerous sources, including antenna, cable box and satellite sources.  Klosterman,                              
                   column 4, lines 6-8.  “When multiple sources are used for receiving television channels,                        
                   an overlap of channels sometimes occurs.”  Klosterman, column 6, lines 39-41.                                   
                   Television channel guide information received from the multiple sources are merged to                           
                   obtain a desired channel grid guide which the user has the ability to delete and activate                       
                   channels.  Klosterman, column 6, lines 43-46.  Therefore, we find that Klosterman                               
                   teaches the mechanism for arbitrating among “two or more sources of [audiovisual]                               
                   signals having overlapping channel number assignments” as recited in claim 1.                                   
                          We note that Appellant argues that Klosterman “clearly would fail to be operable                         
                   if used in connection with multiple audio/video sources having overlapping channel                              
                   number assignments since two audio/video sources would share the same entered, pre-                             
                   assigned channel number and no means is provided for discerning exactly which of these                          
                   two audio/video source the user desired the program be selected from.”  Appeal Brief,                           



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