Ex Parte HUIZER et al - Page 6




          Appeal No. 2002-1162                                                         
          Application No. 08/683,994                                                   


          of the claimed “reproduction of said signal is interrupted upon              
          detection of a position label after a pause command is received,”            
          Kostreski provides for transmitting a time stamp derived from the            
          MPEG data of a frozen frame.  In other words, the transmission is            
          first frozen and then a time stamp is sent to the server which               
          later resumes transmission from the frame group identified by the            
          time stamp.                                                                  
               We find Appellants’ distinction of the steps or means for               
          resuming transmission after an interruption at positions where               
          the position labels are inserted and interrupting the signal when            
          a position label is detected, as recited in claims 1 and 7, over             
          the time stamp of Kostreski to be persuasive.  As discussed                  
          above, the time stamps are not inserted into the video signal and            
          are, in fact, generated and transmitted after freezing the                   
          decoding of the signal.  We note that claims 7 and 12, in                    
          addition to the above discussed features, require that upon                  
          receiving the pause command, the received signal following the               
          position label be thrown away.  As discussed above, the Examiner             
          neither points to any specific portion of Kostreski that                     
          discloses the discarding of the received signal following the                
          position label, nor do we find the time stamp of Kostreski to                
          include information for directing such task.  Accordingly,                   

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