Ex Parte SMITH - Page 9



          Appeal No.2004-1526                                                         
          Application No. 09/354,052                                                  

               We do note that claim 36 stands rejected under 35 U.S.C.               
          § 103 over Vora in combination with Contois.  The examiner relied           
          on Contois for the ability to access media types TV, DVD, Web,              
          Games, and Music, concluding that it would have been obvious to             
          include various types of media, as taught by Contois, in the                
          magnetic media or optical media in Vora “for allowing the                   
          information sources includes multiple types of media” (sic)                 
          (answer-page 10).                                                           
               While appellant argues claim 36, by contending that Contois            
          does not discuss searching content from a plurality of content              
          sources of multiple types based on an input search criteria by              
          searching a local database and at least one remote database                 
          (brief-page 11), we are unpersuaded of nonobviousness since the             
          examiner relied on Vora, not Contois, for such a teaching.                  
               Appellant also contends that there is no suggestion to                 
          combine the references (brief-page 11).  However, the examiner              
          has given a reason to combine, viz., “for allowing the                      
          information sources includes (sic, to include) multiple types of            
          media” (answer-page 10), and appellant’s only response is to                
          refute this with a comment that this is a mere “statement of the            
          results achieved” (brief-page 11), rather than a suggestion to              
          combine.  Accordingly, since the examiner has presented some                
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