Appeal No. 2004-0434
Application No. 09/836,686
definition most suitable for "portable" is either "capable of
being carried" or "easily carried or moved."3
We appreciate Appellant's position that a "portable device"
is limited to very small devices such as a cellular phone or a
personal digital assistant (Appellant’s specification at page 4,
line 16). However, we find that the claim language does not
preclude reading on Abecassis' multimedia player and Berstis'
computers, servers, and components as such devices are "easily
moved." We note that Berstis also list a "notebook" computer as
one example of a client machine 10 at column, 13, lines 43-48.
Now, the question before us is, what would Berstis have
taught to one having ordinary skill in the art? To answer this
question, we find the following facts:
(1) Berstis teaches at figure 1, transferring (copying) a digital
file from a source device (20) to a target device (10).
(2) Berstis teaches in column 1, at lines 27-33, the source
device is a storage device.
(3) Berstis teaches in column 1, at lines 27-33, the target
device is either a rendering device or a storage device.
(4) Berstis teaches in column 5, at line 24, the digital file may
be an audio file.
3 Webster’s II New Riverside University Dictionary
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