Ex Parte Puente et al - Page 6



                Appeal 2007-0035                                                                               
                Application 09/924,036                                                                         
                presentation comprising integrated static HTML pages and encoded video,                        
                audio and metadata" in claim 1 to read on "the retrieval and transmission of                   
                content . . . to be processed" (Answer 9) in the content server 52.                            
                      "Processing" is defined as "The performance of logical operations and                    
                calculations on data, including temporary retention of data in processor                       
                storage while the data is being operated on."  IBM Dictionary of Computing                     
                (10th ed., McGraw-Hill, Inc. 1993).  Mere storing and retrieving of data                       
                does not perform any logical operations or calculations on data and is not                     
                technically "processing."  "Generate" is defined as "to bring into existence."                 
                Webster's New Collegiate Dictionary (G.&C. Merriam Co. 1977).                                  
                "Generate" requires more than just "select" or "retrieve."  See In re Scroggie,                
                170 Fed. Appx. 132, 135 (Fed. Cir. 2006) (nonprecedential) ("The term                          
                'generating page data' means that the page data is 'generated,' not merely                     
                'selected.'").  Therefore, "processing the received media content to generate a                
                streaming media presentation" requires operating on the media content to                       
                create a streaming media presentation that did not exist before, and is not                    
                met by just retrieving previously stored data.                                                 
                      Claim 1 recites "a source of media content comprising video, audio                       
                and textual content" and "a content processing center coupled for receiving                    
                the media content from the source of media content, and for processing the                     
                received media content to generate a streaming media presentation                              
                comprising integrated static HTML pages and encoded video, audio and                           
                metadata."  That is, the content processing center receives video, audio, and                  

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