Appeal No. 2005-2268 Page 8
Application No. 09/976,683
9. Figure 2 of White shows that "the display 44 of the CSW 40 ha[s] a display
area 70." Col. 7, ll. 55-57. According to White, [t]he screen depicted in FIG. 2 may be
termed a customer usage mode. The customer usage mode screen is typically shown
when a consumer is ready to use the CSW 40 and when the CSW 40 is in use." Col. 7,
ll. 63-67.
10. White teaches switching between to modes of display, viz., (1) the customer
usage mode and (2) an advertising promotional mode. Regarding the latter mode,
"[w]hen the CSW 40 is not in use, the customer usage mode screen may be replaced by
a promotional program, . . . program video, and the like." Col. 7, l. 67 - col. 8, l. 2.
11. White explains that "[t]he type, size, and number of windows, areas, or
regions [in its display area] are not absolute and may vary according to mode or usage."
Col. 7, ll. 61-63.
12. White does not mention whether the promotional program encompasses its
entire display area.
13. A promotional program would have to be large enough to be noticed by
passersby.
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