Appeal No. 2006-2475
Application No. 10/411,792
of van Ee to support the assertion that van Ee teaches pre-
programming the sequences into macro format, and storing for
later downloading from storage (or server), and further asserts
that no such passage in van Ee exists to support a teaching of
downloading pre-programmed sequences from a server into a remote
control, i.e., using data at an Internet Web site to access one
or more pre-programmed sequence comprising instructions for
causing one or more of the plurality of consumer electronic
devices to perform a plurality of operations when a configurable
key of the remote control is actuated, to display to a user at a
client computer in communication with the Internet Web site the
plurality of pre-programmed sequences, to accept user input to
select at least one of the pre-programmed sequences for
downloading for use in the remote control, and/or to download
both a pre-programmed sequence and one or more command sets
appropriate for commanding operations of the at least one of the
plurality of identified consumer electronic devices.
Appellants assert that van Ee not only fails to describe a
server having pre-programmed sequences but also fails to describe
a remote control having the ability to connect to a server via a
network to download anything (principal brief-page 7). In fact,
assert appellants, van Ee, in contrast to the invention claimed,
wherein the sequences are pre-created for the user, stored
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