Appeal 2007-0035
Application 09/924,036
textual content and processes that media content to generate a streaming
media presentation comprising integrated static HTML pages and encoded
video, audio and metadata. The content server 52 merely retrieves data from
storage and transmits that data. We find that the content server 52 does not
"process" data to "generate" a streaming media presentation as those terms
are conventionally defined. Burns discloses that "[t]he content server 52
serves content in the form of text[,] audio, video, graphic images, and other
multimedia data" (col. 5, l. 66 to col. 6, l. 1) and may serve "hypermedia
documents" (col. 6, ll. 3-4) and "streaming video data" (col. 6, ll. 32-33).
Thus, content server 52 best corresponds to the claimed "source of media
content comprising video, audio and textual content." Burns discloses
distributing "streaming video data," but we find no teaching of "a streaming
media presentation comprising integrated static HTML pages and encoded
video, audio and metadata" generated by a "content processing center."
The Examiner relies on Lumley for a source of media content.
Lumley relates to distributing promotional video material in a cable
television environment. While it is true that claim 1 does not expressly
recite a telecommunications network environment, "streaming media" is
usually understood to refer to media distributed over a telecommunications
network, because television and radio are inherently streaming. In any case,
there appears to be no dispute that the content in the content server 52 in
Burns has to come from somewhere, although it is not shown. In terms of
the claim language, the content server 52 in Burns appears to correspond to
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