Ex Parte GROOTERS - Page 7



                    Appeal No. 2002-0822                                                                                                                                  
                    Application No. 09/021,362                                                                                                                            

                    the system operators.  During the rental period, the program is                                                                                       
                    available to the viewer.  Upon expiration of the rental period,                                                                                       
                    the selected program is no longer accessible by the viewer.                                                                                           
                    Therefore, Dunn does not teach determining whether a time period                                                                                      
                    has been reached, wherein if the time period is not reached,                                                                                          
                    storing the database search result, and if the time period is                                                                                         
                    reached, delivering the database search result and the                                                                                                
                    information to the remote device as recited in Appellant's                                                                                            
                    claims.  Therefore, we will not sustain the Examiner's rejection                                                                                      
                    of claims 1-15, 18-26, 28-35, 38-46, 48-55 and 58-64 under                                                                                            
                    35 U.S.C. § 102 as being anticipated by Dunn.                                                                                                         
                              For the rejections of claims 16, 17, 36, 37, 56, 57, 65 and                                                                                 
                    66 under 35 U.S.C. § 103, we note that the Examiner relies on                                                                                         
                    Dunn for teaching the above claim limitations.  Furthermore, upon                                                                                     
                    our review of Legall and Vaughan, we fail to find that these                                                                                          
                    references provide the missing pieces.  Therefore, for the                                                                                            
                    reasons above, we will not sustain these rejections as well.                                                                                          
                              In view of the foregoing, we have not sustained the                                                                                         
                    Examiner's rejection of claims 1-15, 18-26, 28-35, 38-46, 48-55                                                                                       
                    and 58-64 under 35 U.S.C. § 102 and we have not sustained the                                                                                         
                    Examiner's rejections of claims 16, 17, 36, 37, 56, 57, 65 and 66                                                                                     
                    under 35 U.S.C. § 103.                                                                                                                                
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