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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