Ex Parte Shintani et al - Page 3

                Appeal 2006-3341                                                                             
                Application 10/266,491                                                                       

                The Examiner contends that Van Der Meer teaches all of the claimed                           
                elements, except for an enumerated few that are implicitly part of the prior                 
                art, thereby rendering the claims obvious over the prior art.  Examiner                      
                presents the Auld reference in support of his taking official notice.                        
                (Examiner's Answer, 3 ff.)                                                                   
                      We affirm.                                                                             

                                                   ISSUE                                                     
                      The issue is whether Appellants have shown that the Examiner erred                     
                in rejecting the claims under 35 U.S.C. § 103(a).  The issue turns on whether                
                all of the claimed elements are either explicitly taught by the prior art, as                
                exemplified by Van Der Meer, or can be officially noticed as described by                    
                the Examiner.                                                                                


                                           FINDINGS OF FACT                                                  
                      Appellants’ invention relates to the set-top boxes (STB) that have                     
                proliferated along with the number of televisions in our houses.  The STBs                   
                typically receive a television signal from a cable, a satellite antenna, a DVD               
                player or some other audio-visual source and prepare the signal for display                  
                to the attached television of the user.  The invention also relates to on-screen             
                displays, which show text on the screen that may be used for subtitles, or,                  
                along with the user’s remote control, may guide the user in controlling the                  
                functions of the STB or television.                                                          




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