Ex Parte Kitsukawa et al - Page 2


                  Appeal No. 2006-1895                                                                                         
                  Application 09/834,511                                                                                       


                          transmitting the consumer input to a server; and                                                     
                          downloading the Internet content regarding topics of interest to the interactive                     
                  television as the content regarding topics of interest becomes available and prior to                        
                  receiving a consumer request for the Internet content.                                                       

                          The following references are relied on by the examiner:                                              
                  Lawler et al. (Lawler)                5,699,107             Dec. 16, 1997                                    
                  Shah-Nazaroff et al. (Shah-Nazaroff)   6,317,881            Nov. 13, 2001                                    
                  (Filed Nov.  4, 1998)                                                                                        
                  Smith et al. (Smith)                  6,742,033             May 25, 2004                                     
                  (Filed Jun. 12, 2000)                                                                                        
                          Claims 1 through 25 stand rejected under 35 U.S.C. § 103.  As evidence of                            
                  obviousness as to claims 1, 15, and 18 through 25, the examiner relies upon Shah-                            
                  Nazaroff in view of Smith.  In a second stated rejection the examiner relies upon Smith                      
                  and Lawler as to claims 2 through 4, with the addition of Shah-Nazaroff as to claims 5                       
                  through 14 in a third stated rejection.  Lastly, in a fourth stated rejection the examiner                   
                  relies upon Shah-Nazaroff in view of Smith, further in view of Lawler as to claims 16                        
                  and 17.                                                                                                      
                          Rather than repeat the positions of the appellants and the examiner, reference is                    
                  made to the brief and reply brief for appellants’ positions, and to the final rejection and                  
                  answer for the examiner’s positions.                                                                         










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