Appeal No. 2000-0545
Application 08/638,339
page 4, lines 21-25. Appellant further argues that “[w]hile Klosterman does address
handling overlapping channel program IDs, Klosterman fails to disclose, teach or
suggest, handling overlapping channel number assignments.” Reply Brief, page 3, lines
8-10.
We find that Klosterman teaches a channel merging method and apparatus which
enables the user to delete channels or activate channels on a channel grid guide,
arbitrating among multiple sources used for receiving channels when an overlap of a
channel occurs. Klosterman, column 6, lines 34-45. The example given by Klosterman
in column 6, lines 45-47, of handling overlapping channel program IDs does not preclude
overlapping channel numbers. In Klosterman, the word “channel” is defined as being
either numerical (for channel numbers) and/or textual (for channel program IDs).
Klosterman, column 6, lines 34-39.
We have found above that the mechanism for arbitrating among multiple
audio/video sources having overlapping channel assignments as taught by Klosterman is
operable to merge channel numbers from multiple sources. “Channel” is not limited in
its definition to only station or program IDs. Rather, the generalized teachings of
Klosterman in column 6, lines 34-39 incorporate other examples where numerical
channels may overlap in a grid guide. Appellant’s claim language does not preclude
Klosterman’s user built grid guide for controlling activation and deletion of overlapping
channels.
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