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 Cir. 2006) (nonprecedential) ("The term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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Last modified: September 9, 2013