Ex Parte DOUGHERTY et al - Page 8




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

          setting a reminder for later viewing,” Kelly still bookmarks                
          broadcast events or sets reminders from a program listing and               
          cannot cure the deficiencies of Florin.                                     
               Appellants further argue that there is no motivation to                
          combine the teachings of Florin and Kelly because each reference            
          deals with a problem different from the claimed establishing a              
          reminder without the requirement of previously displaying a                 
          program listing (brief, pages 9 & 10).  Additionally, Appellants            
          point to the lack of concern for allowing a user to set a                   
          reminder without using a program listing in the applied art                 
          (brief, page 10).  Appellants assert that Kelly merely adds data            
          associated with a current broadcast to a database and therefore,            
          provides no suggestion for modifying Florin to result in the                
          claimed invention (id.).                                                    
               The Examiner repeatedly states that saving the user’s time             
          spent for “sorting through extraneous menu layers” (answer, pages           
          9 & 10), is the reason for combining Florin and Kelly.  However,            
          the Examiner has not pointed to any specific teachings in the               
          prior art related to saving the user’s time or other teachings              
          that would have motivated one of ordinary skill in the art to               
          combine Kelly and Florin, nor do we find such reasons in the                
          references.  We agree with Appellants that the disclosure of                

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