Reexamination Control No. 90/005,742
Patent 5,253,341
1 encode the video program data for storage and later transmission. Walter, col. 7, ll. 26-30.49
2 Dependent claim 96, which specifies that the response comprises an animation sequence, reads
3 on Walter's video programs, as does claim 98, which depends on claim 96 and specifies that the
4 animation sequence is compressed prior to receipt of the query. Dr. Koopman does not deny that
5 the limitations added by claims 95, 96, and 98 read on Walter. The rejection of these claims for
6 anticipation by Walter is affirmed.
7 Dependent claim 99 specifies that the compressed or non-compressed response comprises
8 audio data in digital format and that the displaying step comprises audible playback of the audio
9 data. The examiner reads claim 99 on the passage at column 2, lines 19-46 of Walter (3d Action
10 at 95, para. 34), which passage Dr. Koopman correctly points out makes no mention of "audio."
11 2d Koopman Decl. at 184, para. 395. He also correctly notes that the Walter patent nowhere
12 mentions "audio" or "sound." Id. However, the examiner responds, correctly in our view, that a
13 person skilled in the art would have understood that Walter's video programs, such as the two-
14 hour movie mentioned at column 7, lines 44-47, inherently (i.e., necessarily) contain audio that
15 is audibly reproduced by television 146. Final Action at 214, para. 395; Answer at 204, para.
16 395. The rejection of claim 99 for anticipation by Walter is therefore affirmed.
17
18 Claim 100, an independent claim that repeats the preamble and steps (a) to (d) of claim
19 93 and recites as step (e) "wherein said compressed or non-compressed response comprises an
49 The claim is broad enough to read on intra-frame or inter-frame differential
compression.
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