Ex Parte Dunn et al - Page 6



            Appeal No. 2006-0360                                                                      
            Application No. 10/388,691                                                                
                  Applying Garfinkle to the subject matter of instant claim 26,                       
            Garfinkle clearly discloses “maintaining on a server, video content                       
            that may be served to a client device” because the video programs                         
            are downloaded from a central station, or server (column 1, lines                         
            9-10).  Also, it is clear, from Garfinkle, that a request from the                        
            client device to rent video content for a specified rental time                           
            period is received at the server (see column 3, lines 38-39,                              
            wherein a “customer orders the program,” and column 3, lines 28-29,                       
            and 34-35, wherein a “prescribed time period” and “time limit” are                        
            described).                                                                               

                  With regard to “transmitting the video content to the client                        
            device one or more times during the rental time period,” clearly,                         
            the downloaded data to the client from the central station is                             
            performed at least once during the rental period, meeting this part                       
            of the claim language.  Certainly, a determination is made that the                       
            rental time period has expired, since the time limit is “encoded at                       
            the central station in instructions that accompany the down-loaded                        
            data” (column 3, lines 35-37) and the box 54 in Figure 3 indicates                        
            a decision as to whether the time limit has been reached.                                 

                  With regard to “refusing to transmit the video content to the                       
            client device because the rental time period has expired,” while                          
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