Ex Parte Escobosa et al - Page 8




          Appeal No. 2006-2475                                                              
          Application No. 10/411,792                                                        
                                                                                           
                The examiner’s response is that it is Kemink that teaches                   
          downloading macros or the instruction sequence from the Internet                  
          database, with van Ee relied on for the details of a macro                        
          associated with one or more pre-programmed sequence comprising                    
          instruction for causing one or more of the plurality of consumer                  
          electronic devices to perform a plurality of operations (Figures                  
          3-6, column 4, lines 8-62, a plurality of appliances TV, VCR,                     
          wherein macro is stored in the memory, flash memory 214).                         
                We have reviewed and considered the evidence before us,                     
          including the disclosure of the applied references, and the                       
          arguments of appellants and the examiner and we conclude                          
          therefrom that the examiner has set forth a prima facie case of                   
          obviousness that has not been successfully rebutted by                            
          appellants.                                                                       
                Taking claim 22 as exemplary, Kemink discloses a method of                  
          customizing a remote control.  See page 2, lines 13-15 of Kemink.                 
          Kemink also provides a means for accessing and downloading                        
          graphic user interfaces corresponding to appliances that are                      
          included in a user’s inventory of controllable appliances (page                   
          4, lines 21-22) and it is an Internet-based service that updates                  
          the graphic user interface (page 4, lines 28-29).  Therefore,                     


          Kemink may be said to receive at an Internet Web site data that                   
          functions to identify at least one of a plurality of consumer                     

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