Ex Parte Puente et al - Page 3



                Appeal 2007-0035                                                                               
                Application 09/924,036                                                                         
                                             THE REJECTIONS                                                    
                      Claim 1 stands rejected under 35 U.S.C § 103(a) as unpatentable over                     
                Burns and Lumley.                                                                              
                      Claim 2 stands rejected under 35 U.S.C § 103(a) as unpatentable over                     
                Burns and Lumley, further in view of Omoigui.                                                  
                      Claims 3 and 4 stand rejected under 35 U.S.C § 103(a) as                                 
                unpatentable over Burns and Nagai.                                                             
                      Claim 5 stands rejected under 35 U.S.C § 103(a) as unpatentable over                     
                Burns and Nagai, further in view of Omoigui.                                                   

                                                DISCUSSION                                                     
                Claims 1 and 2                                                                                 
                      The Examiner finds that Burns discloses the invention of claim 1,                        
                including a source of media content including video, audio, and textual                        
                content, but does not disclose a particular source for the media content (Final                
                Rejection 9).  The Examiner finds that Lumley discloses a source of media                      
                content 14 in Figure 1, including video, audio, and textual content, for                       
                distributing various promotional materials to multiple users (id.).  The                       
                Examiner concludes that it would have been obvious to modify Burns to                          
                include a source of media content, as taught by Lumley, for the benefit of                     
                distributing various promotional materials to multiple users (id.).                            
                      Appellants note that the Examiner admits that Burns does not disclose                    
                "a source of media content comprising video, audio and textual content," as                    
                recited in claim 1.  It is argued that Burns does not teach the remaining                      
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