Reexamination Control No. 90/005,742
Patent 5,253,341
1 (col.19, ll. 27-61), he does not mention transmitting either type of audio information in digital
2 form.
3 McCalley discloses a digital, interactive communication system for transmitting, at a
4 subscriber's request, still-frame television video with an accompanying audio message.
5 McCalley, col. 1, ll. 5-8. The video/audio presentations are transmitted in the form of digital
6 packets of information to a plurality of presentation players strategically located in the vicinity
7 of the subscriber, with each packet being uniquely addressed to the requesting subscriber. Id. at
8 col. 2, ll. 42-47. The examiner states the rejection as follows:
9 Pocock et al. did not expressly disclose the playback of digital
10 audio. McCalley et al. aught the use of digital audio. It would have been
11 obvious . . . to modify the teaching of Pocock et al. with that of McCalley
12 to gain the benefit of more accurate reproduction of the original signal as
13 expressly taught by McCalley (col. 2, lines 29-32).
14
15 3d Action at 107, para. 49; Final Action at 260, para. 48. The lines cited by the examiner appear
16 in McCalley's "Summary of the Invention" and read as follows: "It is another object of the
17 presentation player of the present invention to process both video and audio signals in a digital
18 format and thereby provide a more accurate reproduction of the original signals." While the
19 examiner does not explain which of Pocock's two types of audio information he is proposing to
20 transmit in digital from, we hold that it would have been obvious in view of McCalley that when
21 Pocock's video information is being transmitted in digital form, it would have been obvious to
22 transmit the background audio and presentation audio in digital form in order to realize
23 McCalley's above-quoted goal of providing more accurate reproduction of the original audio and
24 video signals. Dr. Koopman's argument that the passage in McCalley cited by the examiner is
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