Appeal No. 2003-0593
Application 08/329,345
time to the beginning of the actual news item. Therefore, the
combination of Kim and Baer as well as the separate combination
of Young and Baer does not meet the subject matter of each
independent claim on appeal.
It also appears to us that the artisan would not have
combined the subject matter of the respective paired references
within 35 U.S.C. § 103. The examiner has provided us no
persuasive line of reasoning to extend the closed captioning
teachings of Baer to Kim's/Young's advanced in time program
information since this advanced in time program information has
no audio component associated with it.
In this regard, we do not agree with the examiner's views
best expressed in the paragraph bridging pages 9 and 10 of the
answer:
It is submitted that both Kim and Young teach the use
of text data in advance and which is prepared by
broadcast station including channel, title and time
information of news items to be broadcasted. Since the
title or channel of text data may later be read by a
reporter for a give (sic) news item The (sic)
combination of Kim and Baer or Young and Bear (sic)
teach the limitation of using key word corresponding to
spoken word to program a VTR to record a given news
item. (emphasis added)
This presents for our review an improper analysis of the
combinability of the respective references relied upon within
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