Ex Parte Hayes et al - Page 5




               Appeal No. 2007-0421                                                                                                 
               Application No. 10/151,635                                                                                           

               link to an internet server, and using, at the internet server, the data that functions to identify the               
               appliance to retrieve from the database control codes to which the appliance is adapted to                           
               respond, and receiving the control codes retrieved from the database at the device having internet                   
               connectivity.                                                                                                        
                       The examiner turns to Allport for these limitations, pointing specifically to column 22,                     
               lines 10-32 (for causing data that functions to identify the appliance to be uploaded from the                       
               device), to column 26, lines 11-16 (for uploading data associated with the appliance                                 
               identification to specify a device IPS associated library data or command data), and to column                       
               29, lines 12-15 (for the rest of the deficient limitations).  See page 5 of the answer.                              
                       The examiner concludes that it would have been obvious to include causing the data that                      
               functions to identify the appliance learned by the remote control to be uploaded from the remote                     
               control using internet connectivity to an internet server having a database of control codes,                        
               sending the database control codes to the remote controller to program the remote controller in                      
               the device of Yang because Allport teaches using data that specifies the appliance to be uploaded                    
               from the controller using the internet to retrieve from the database control codes to which the                      
               appliance is adapted to respond, and receiving the control codes retrieved from the database at                      
               the device for the purpose of providing wider product availability.  See pages 5-6 of the answer.                    
                       Appellants’ response is to argue that neither reference teaches or suggests a download                       
               mechanism including accessing, via a network, a database of control codes for commanding                             
               operations of a plurality of different appliances and using identity data uploaded from the                          
               controlling device to retrieve from that database those control codes to which the appliance so                      

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Last modified: November 3, 2007