Ex Parte SPRAQUE - Page 4



          Appeal No. 2003-0593                                                        
          Application 08/329,345                                                      

          text data stream clause of the claims on appeal as best stated at           
          pages 8 and 9 of the brief.  The program titles of Kim and/or the           
          program schedule information of Young may be properly considered            
          as "news items" to the extent recited in the claims on appeal.              
          There is no dispute that program scheduling information of this             
          nature is advanced in time before the beginning of given news               
          items as recited in the claims on appeal.  However, these                   
          references do not teach the additional requirements that the                
          claimed time advanced text data stream of the so-called "news               
          items" "substantially correspond to the spoken words of the audio           
          portion of the composite video signal stream" as set forth in               
          each independent claim on appeal.                                           
               Baer, on the other hand, teaches a captioning system that              
          does in fact substantially correspond to the spoken words of an             
          audio portion of a composite video signal stream.  If we consider           
          that all audio information in a composite audio plus video data             
          stream in Baer comprises news items of the type claimed, Baer's             
          captioning system does not generate advanced in time information            
          "before the beginning of the given news item" as required by each           
          independent claim on appeal.  Significantly, the captioning                 
          information is contemporaneous at best or slightly behind in                

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