Ex Parte KENYON et al - Page 4




             Appeal No. 2004-0927                                                              Page 4                
             Application No. 09/399,064                                                                              


                                                     OPINION                                                         
                    Rather than reiterate the positions of the examiner or the appellant in toto, we                 
             focus on the point of contention therebetween.  To wit, the examiner asserts that "Ginter               
             et al. define content authoring or creating as, 'placing content into VDE  containers with              
             associated control information' ('900,  column 12, lines 39-41) in other words creating a               
             container," (Examiner's Answer at 8.)  He then cites, (id. at 9), the following passage                 
             from the reference:  "[a] repository service may supply VDE authoring tools to                          
             content creators, publishers, distributor, and/or value adding providers such that they                 
             may apply rules and controls that define some or all of the guidelines managing                         
             use of their content and so that they may place such content into VDE content                           
             container objects."  Col. 308, ll. 29-35.  The appellant argues, "[i]t is the VDE                       
             containers that are 'authored,' not the content.  At no point is the content creator's                  
             content being created by the VDE authoring tools provided by the repository. "  (Reply                  
             Br. at 5.)                                                                                              


                    In addressing the point of contention, the Board conducts a two-step analysis.                   
             First, we construe claims at issue to determine their scope.  Second, we determine                      
             whether the construed claims are anticipated or would have been obvious.                                











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