Appeal No. 2000-0765
Application No. 08/670,929
sections include the following: Business & Finance; Computers &
Technology; Film, Video & Broadcast; Games & Interactive Media; and
Advertising.) [Emphasis added] [Ferguson at col. 4.]
From our understanding of Ferguson, Ferguson teaches that an end user may select
advertising as a section to view where the advertisements would be assembled into a
custom newspaper.
Appellants argue that Ferguson looks nothing like a newspaper in newsprint.
(See brief at page 25.) We find no support in the language of claim 9 to support this
argument. Therefore, this argument is not persuasive. While Ferguson does not
specifically identify the content of the advertising, we find that it would have included at
least one of a logo, an image or text for display to the reader. Appellants argue that
Figure 5 of Ferguson does not include a logo or image. We find that Figure 5 is merely
exemplary and does not show advertising. Therefore, this argument is not persuasive.
Additionally, Figure 2B shows Advertising as a section to select and there is a new
product section which may be selected. In our view, each of these sections may be
deemed to contain advertising objects. Therefore, we find that the examiner has
established a prima facie case of obviousness and appellants have not adequately
rebutted the prima facie case. Therefore, we will sustain the examiner’s rejection of
independent claims 9 and 20 (which is a similar program product claim).
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