Ex Parte DOUGHERTY et al - Page 4




          Appeal No. 2002-1952                                                        
          Application No. 09/071,373                                                  

          that Florin does not disclose that the programs are marked for              
          establishing reminders without requiring a previous display of a            
          program listing (answer, page 4).  The Examiner bases a                     
          conclusion of obviousness on teachings of Kelly that TV events              
          may be bookmarked as they are broadcast since user does not need            
          to sort through the program listing (answer, page 5).                       
               Appellants argue that Florin’s mark button performs one of             
          the two functions of jumping among currently-viewed programs                
          which are marked and establishing a reminder for a future program           
          using a program listing (brief, page 6).  Additionally,                     
          Appellants assert that the jump feature is accessed by pressing             
          the mark button while viewing a program, whereas the reminder               
          feature is accessed by pressing the mark button while viewing the           
          program listing (id.).  Appellants further point out that the               
          bookmarking function of Kelly is similar to creating a list of              
          web sites and is unrelated to providing a reminder for an event             
          related to a program (brief, pages 7 & 8).                                  
               In response, the Examiner argues that Florin’s jump feature            
          is used for jumping to a program that “had been ‘marked’ or                 
          ‘reminded’ at an earlier point in time so that one can viewed               
          [sic.] the marked program at a later time by pressing the jump              
          button” (answer, page 6).  Furthermore, the Examiner makes the              

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