Ex Parte ZHOU et al - Page 7




             Appeal No. 2003-1934                                                              Page 7                
             Application No. 08/821,320                                                                              


             rendition constitutes a pictorial transcript in which each representative frame is printed              
             with a caption containing the closed-caption text associated therewith."  Abs., ll. 17-21.              
             In creating the pictorial transcript, a user "may . . . process the raw text to remove the              
             control characters and shift the boundary between adjacent closed-caption segments so                   
             that word fragments are merged into complete words and sentence fragments are                           
             merged into complete sentences."  Col. 6, ll. 8-13.                                                     


                    Although the reference allows a user to edit closed-caption text to merge                        
             fragmented words and sentences, we are unpersuaded that the text defines an audio                       
             portion to accompany a video program.  To the contrary, Gibbon distinguishes its                        
             closed-caption text from its audio portion, explaining that "[t]he text contains dialog or              
             other information that corresponds to the audio portion of the program."  Col. 3, ll. 22-               
             23.                                                                                                     


                    The examiner does not allege, let alone show, that the addition of Stelovsky                     
             cures the aforementioned deficiency of Gibbon.  For its part, Klingler "provide[s] a video              
             digital image processing system which is integrated with conventional word processing                   
             programs so that scripts corresponding to existing or desired scenes in a movie can be                  
             linked with corresponding digital video image clips."  Col. 1, l. 66 - col. 2, l. 2.  The               









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