Reexamination Control No. 90/005,742
Patent 5,253,341
1 operations necessarily imply that the display of a selected motion picture begins prior to
2 completion of downloading of that motion picture. Dr. Koopman's testimony that the cited
3 sentence "is silent on the matter as to when the display begins relative to receiving," 2d
4 Koopman Decl. at 191, para. 417, fails to address the necessary implications of the quoted
5 sentence.
6 The rejection of claim 93 for anticipation by Baji is therefore affirmed, as is the
7 anticipation rejection of dependent claim 96, which specifies that the response is an animated
8 sequence.
9 The anticipation rejection is likewise affirmed with respect to independent claim 100,
10 which repeats the preamble and steps (a) to (d) of claim 93 and recites as step (e): "wherein said
11 compressed or non-compressed response is an image."
12 Claim 102 repeats the preamble and steps (a) to (d) of claim 93 and in step (e) specifies
13 that "said displaying step occurs repeatedly in response to one or more commands inputted to
14 said remote query and data retrieval means." The examiner (3d Action at 100, para. 39) reads
15 this step on the same passage, reproduced above, on which he reads step (e) of claim 93, which
16 passage describes playback operations such as a fast forward operation, a rewind operation, a
17 temporary stop, and a slow display. Baji, col. 12, ll. 15-22. During the temporary stop and slow
18 display playback operations, frames of motion picture data inherently will be repeatedly read out
19 of the program buffer and displayed. Dr. Koopman (2d Koopman Decl. at 192, para. 420) fails
20 to explain why this is not the case. The rejection of claim 102 for anticipation by Baji is
21 affirmed.
- 84 -
Page: Previous 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 Next
Last modified: November 3, 2007