Ex Parte 5253341 et al - Page 60




               Reexamination Control No. 90/005,742                                                                                   
               Patent 5,253,341                                                                                                       

          1    signals by photodiode modules 86, 88, 90, 92, and 130 and stored in memory module 102, at                              
          2    which time the host computer 20 informs the user that the program is ready for viewing by                              
          3    causing the display of a "ready" signal on the television.  Id. at col. 8, ll. 12-19.  Alternatively,                  
          4    viewing can begin prior to completion of transmission:                                                                 
          5                    Although the above description was made in terms of a fully                                            
          6            completed transmission of a program before viewing by the user, the                                            
          7            present invention fully contemplates that the user may begin viewing his                                       
          8            program before the complete transmission thereof.  Central data station 12                                     
          9            may transmit only a portion of the selected program to the user for his                                        
         10            viewing, and then begin transmitting a portion of another selected program                                     
         11            to a second user.  This permits central data station 12 to simultaneously                                      
         12            handle several users, rather than waiting for complete transmission of one                                     
         13            selected program before proceeding with another user's address signal.                                         
         14                                                                                                                           
         15    Id. at col. 8, ll. 36-47.  The user begins the video program by depressing a "START" switch on                         
         16    keyboard 18.   Id. at col. 8, ll. 19-20.                                                                               
         17            The examiner  correctly asserts that all of the limitations of claim 93 read on Walter.                        
         18    3d Action at 94, para. 34; Final Action at 249, para. 34.  Dr. Koopman's argument that Walter                          
         19    fails to disclose the use of compressed and non-compressed responses, 2d Koopman Decl. at                              
         20    182, para. 392, is apparently based on the misconception that Walter, to be anticipatory of the                        
         21    claim, must disclose both types of responses.  However, reception of either type of response is                        
         22    enough to satisfy the claim, as noted by the examiner.  Answer at 202-03, para. 392.  Dr.                              
         23    Koopman also argues that Walter fails to disclose using the same input/output means for                                
         24    transmitting the query to the server and for receiving the response from the server, noting that                       
         25    Walter's query is transmitted to the central station via modem 134 and telephone lines 138 and                         
         26    142, whereas the video program data is received from the central station via the optical fibers                        
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