Appeal No. 2006-2475
Application No. 10/411,792
Again, this is unpersuasive. While van Ee does provide for
“manual” entry at various portions of the disclosure, once this
programmed sequence is manually entered, it is a “pre-programmed
sequence,” as claimed, and this pre-programmed sequence is
available in van Ee in the flash memory. But, rather than just
limit the storage in flash memory, as in van Ee, the artisan
would have been led, from the teachings of Kemink, to store such
pre-programmed sequences at a server, at an Internet Web site, so
that the sequence may be downloaded from the Internet Web site,
ala Kemink, as well as accessed from flash memory ala van Ee.
Appellants argue that since Kemink already incorporated van
Ee by reference in its disclosure, and this incorporation failed
to appreciate the advantages of a remote control which is
configurable with no need or requirement for the user to be
cognizant of the individual command functions from which command
sequences are to be constructed, it could not have been obvious
to make the combination and arrive at the instant claimed subject
matter (see page 9 of the principal brief). We disagree.
Merely because Kemink incorporated the teachings of van Ee
into its own disclosure does not mean that the skilled artisan
viewing these two references together could not have arrived at
the instant claimed subject matter. We have explained supra why
the artisan would have arrived at the claimed subject matter,
having the pre-programmed sequences of van Ee and the Internet
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