Appeal No. 2004-0927 Page 7
Application No. 09/399,064
supply VDE authoring tools to content creators, publishers, distributors, 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. Rather than being used to
author, i.e., create, content, the VDE authoring tools relied on by the examiner are used
to place existing content into VDE containers. The first passage quoted by the
examiner confirms this distinction by defining "VDE content authoring," col. 12, l. 39
(emphasis added), as "placing content into VDE containers with associated control
information. . . ." Id. at ll. 39-40.
The absence of a computer implemented tool for authoring content negates
anticipation. Therefore, we reverse the anticipation rejection of claim 1; of claims 6-10,
which depend therefrom; of claim 11; of claims 15-17, which depend therefrom; of claim
18; of claims 19, 22, and 23, which depend therefrom; of claim 24; of claim 25; of claims
30-33, which depend therefrom; of claim 34; and of claims 39-42, which depend
therefrom.
"In rejecting claims under 35 U.S.C. Section 103, the examiner bears the initial
burden of presenting a prima facie case of obviousness." In re Rijckaert, 9 F.3d 1531,
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