Ex Parte Yanase et al - Page 5



            Appeal 2007-0025                                                       Page 5                    
            Application 09/792,151                                                                           

            medium in the terminal device as recited in the independent claims” (Br. 16); and,               
                   (3) “the combined references do not teach the settling limitation required by             
            Claims 2, 5, 7-9, 13, 15 and 16” (Br. 18).                                                       
                   The issue is whether Appellants have shown error in the rejection of claims               
            on the ground that Dedrick, Angles, and Freeman do not to disclose all the claimed               
            limitations.                                                                                     

                   B. Findings of Fact                                                                       
                   The record supports the following findings of fact (FF) by a preponderance                
            of the evidence.                                                                                 
            Broadcasting advertisement information                                                           
            1.     The step in the claim 2 process that is at issue is:                                      
                         broadcasting via said broadcast server advertising information that                 
                   includes information about at least one of a time, a place, and preferences               
                   along with the program information.                                                       
            2.     The Examiner found that                                                                   
                         In one implementation [disclosed in Dedrick], the publisher/advertiser              
                   18 is provided with a GUI which allows the publisher/advertiser 18 to select              
                   certain consumer variables from a set of consumer variables and associate                 
                   the selected variables with specific objects or fields within the electronic              
                   information. For example, the electronic information may include several                  
                   option fields from which end users may select. The publisher/advertiser 18                
                   may associate a color preference variable with these option fields, thereby               
                   indicating to the client systems 12 to track the color of the option field                
                   selected by the end user" (col 4, lines 25-35).                                           
                         Notice in these citations above that electronic content is broadcast to             
                   the client device 12. Also, notice that the header block is broadcast to the              
                   client device 12 that includes the identifiers for fields which may or may not            




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