Ex parte WINE - Page 6




          Appeal No. 1999-2824                                                        
          Application 08/481,408                                                      

          never performs display.  The TV receiver 352 does not perform               
          in whole or in part any VRR video feature function which would              
          normally be performed by the VRR system, such as freeze frame               
          or slow motion.  Nor is there any teaching in Lett of                       
          generating user controlled VRR video feature control data that              
          will cause the video device (TV receiver 352) to perform one                
          VRR video feature function, which limitation is not addressed               
          in the rejection.  The fact that the TV receiver 352 displays               
          information reproduced by the VCR 350 does not meet the                     
          feature control means claim language, no matter how broadly                 
          the language is interpreted.                                                
               We agree with Appellant's treatment (Br5-7) of the                     
          Examiner's reasoning in the final rejection which, in any                   
          case, has not been repeated in the examiner's answer.                       
               The Examiner errs in finding that the TV receiver 352 in               
          Lett performs at least one VRR video function and, therefore,               
          has failed to establish a prima facie case of anticipation.                 
          The rejection of claims 43 and 44 is reversed.                              

          Obviousness ) claims 45-47                                                  
               Claims 45 and 46                                                       


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