Ex Parte Kitsukawa et al - Page 4


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


                  admit that Shah-Nazaroff teaches.  Throughout this reference, there’s a continued                            
                  teaching that the particular program listing and associated ratings provided by individual                   
                  viewers, such as are provided for “potential subsequent viewers,” comprise the claimed                       
                  content in this portion of claim 1 on appeal.  Appellants’ remarks do not take the position                  
                  that the claimed topics of interest are not taught in this reference.  This so-called “as”                   
                  clause of claim 1 on appeal is taught or clearly suggested to the artisan at least at columns                
                  4 through 7 of the Shah-Nazaroff patent.  We therefore agree with the examiner’s                             
                  additional observations at page 6 of the answer with respect to the examiner’s                               
                  interpretations of this subclause.  It is worthy of noting that rating information may be                    
                  sent to a prospective viewer in real time as discussed at the bottom of column 4.                            
                          Moreover, to the extent that Shah-Nazaroff does not teach actually downloading                       
                  the content per se, assuming for the sake of argument that the claim may be interpreted as                   
                  sending the Internet content regarding the topics of interest as they become available and                   
                  prior to receiving a customer request for the Internet content, the teachings at columns 5                   
                  through 7 plainly indicate to the artisan that the user is given the ability to subsequently                 
                  actually request Internet content related to the rating information received when it                         
                  becomes next available or in fact the content provider intends to rebroadcast it.  As such,                  
                  the Shah-Nazaroff reference may in fact teach substantially all the subject matter of                        
                  independent claim 1 on appeal without the additional reliance upon Smith.                                    







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