Appeal No. 2002-1952
Application No. 09/071,373
Florin would not have suggested the desirability of setting a
reminder without using a program listing based on the teachings
of Kelly. In that regard, while Florin is concerned with marking
programs from a program listing and Kelly uses bookmarks
associated with display programs for adding their relevant
information to a database, their combination does not suggest
establishing a reminder without requiring a previous display of a
program listing.
Thus, the Examiner has failed to establish a prima facie
case of obviousness as the necessary teachings and suggestions to
establish a reminder for an event related to a program without
using a program listing are not present in the applied prior art.
We note that independent claims 7, 9, 13, 14, 15 and 20 all
recite limitations related to the user input for establishing a
reminder for the future broadcast of a program without requiring
a previous display of a program listing, which are neither taught
nor suggested by the combination of the applied prior art.
Accordingly, we do not sustain the rejection of independent
claims 1, 7, 9, 13, 14, 15 and 20 as well as claims 3-6, 8, 10-
12, 16-19 and 21-27, which are dependent thereupon, under 35
U.S.C. § 103 over Florin and Kelly.
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