Ex Parte WHEELER et al - Page 8




          Appeal No. 2002-1380                                                        
          Application No. 08/786,270                                 Page 8           


          identification of the local source itself.  Thus, Thomas does not           
          disclose how to determine whether the program was broadcast or              
          played from a tape.  It is further argued,(id.) that because the            
          devices from which signatures are extracted and compared are at             
          different sites, these devices are not local to one another.                
               We find that Thomas is directed to an audience measurement             
          system which identifies the programs or stations of televisions             
          or radios that are watched or listened to by an audience (page              
          1).  In the summary of the invention, Thomas states (page 9) that           
          the invention collects data representative of selected programs             
          rather than of tuned stations, including which programs were                
          selected for viewing, which households viewed the program, and              
          what time the program was viewed.  A central office automatically           
          determines a program name for each monitored, encoded program.              
          The system identifies a program which is broadcast from a signal            
          source and to which a household is tuned.  A reference receiver             
          receives the broadcast at a reference site.  A program signature            
          extractor is coupled to the reference receiver to extract and               
          store a reference from the program.  The reference signature is             
          compared to the program signature to create a program identifying           
          viewing record corresponding to the program.  A household code              
          reader reads an ancillary code of the program and stores the                







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