Ex Parte SMOLSKI - Page 6



          Appeal No. 2000-1209                                                        
          Application No. 08/711,180                                                  

          Nowhere to be found in the body of these claimed [sic, claims]              
          indicating configuring/setup parameters by the remote terminal.”            
               In our view, the examiner has missed the argument raised by            
          appellant.  Indeed, in Basu the process of downloading or                   
          communicating the configuring/setup parameters between                      
          client workstation 18 and VMS server 10 is initiated by a signal            
          which is initiated and transmitted by workstation 18, as opposed to         
          the recited initial signal sent by embedded controller which                
          corresponds to VMS server 10 by examiner’s designation.  Therefore,         
          the recited limitation of generating an audio-visual signal by the          
          computer (controller) system is not met by the combination                  
          suggested by the examiner.                                                  
               For the rationale above, we do not sustain the rejection of            
          claim 1 over Basu in view of Yee.  In passing, we note the other            
          independent claim 10 is a product claim containing the program              
          recited in claim 1.  Therefore, for the same rationale we do not            
          sustain the rejection of claim 10 over Basu in view Yee.                    
          Consequently, we reverse the rejection of claims 1-3, and 10-12             
          over Basu and Yee.                                                          
               With respect to claims 4-9, and 13-18, since Collins does not          
          cure the deficiency in the combination of Basu and Yee we do not            

                                          6                                           




Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007