Ex Parte Puente et al - Page 10



                Appeal 2007-0035                                                                               
                Application 09/924,036                                                                         
                (Answer 9), so one would not normally assume the HTML page is dynamic                          
                in the absence of a specific mention of "dynamic."                                             
                      The Examiner finds that "processing video and audio to extract                           
                metadata associated with the presentation" corresponds to hyperlinks for                       
                hypermedia documents to video and audio.  We find no disclosure or                             
                suggestion that the content server 52 or any other element performs                            
                processing to extract metadata.  "Metadata" is data about data.  Links are                     
                data and, in any case, the links are not "extracted" by "processing."                          
                      The Examiner finds that "encoding the video, audio and metadata in a                     
                predetermined video format" is inherently done to be suitable for                              
                transmission.  While we agree that what is transmitted is inherently encoded,                  
                there is no disclosure or suggestion of encoding "metadata."                                   
                      The limitations of "integrating" and "transmitting" are likewise not                     
                clearly supported by Burns.  Nagai is cited for teaching converting dynamic                    
                HTML pages into static HTML pages.  Assuming this is true, this does not                       
                cure the deficiencies of Burns with respect to the other limitations.                          
                      For these reasons, the rejection does not establish a prima facie case                   
                of obviousness.  The rejection of claims 3 and 4 is reversed.                                  
                      Omoigui, which is applied to the rejection of claim 5, does not cure                     
                the deficiency of the rejection over Burns and Nagai.  The rejection of                        
                claim 5 is reversed.                                                                           




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