Ex Parte DEBEY - Page 2




            Appeal No. 2000-1643                                                                              
            Application No. 08/897,900                                                                        


            to the users’ receivers.                                                                          
            Representative claim 22 is reproduced as follows:                                                 
                   22.  A method of transmitting a program to multiple users over a distribution              
            system comprising:                                                                                
                         providing a program divided into a plurality of segments wherein at least            
            some of the segments are divided into a plurality of fragments; and                               
                         during each predetermined time interval transmitting one fragment of each            
            segment to users’ receivers.                                                                      

            The examiner relies on the following references:                                                  
            Dancis et al. (Dancis)           3,731,282          May  1, 1973                                  
            Gimple et al. (Gimple)           4,430,731          Feb.  7, 1984                                 
            Yarbrough et al. (Yarbrough)     4,598,288          Jul.    1, 1986                               
            Claims 22 and 30 stand rejected under 35 U.S.C. § 103.  As evidence of                            
            obviousness the examiner offers Yarbrough in view of Gimple with respect to claim 22,             
            and the examiner adds Dancis to this combination with respect to claim 30.                        
            Rather than repeat the arguments of appellant or the examiner, we make                            
            reference to the briefs and the answer for the respective details thereof.                        
                                                  OPINION                                                     
            We have carefully considered the subject matter on appeal, the rejections                         
            advanced by the examiner and the evidence of obviousness relied upon by the                       
            examiner as support for the rejections.  We have, likewise, reviewed and taken into               
            consideration, in reaching our decision, the appellant’s arguments set forth in the briefs        

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