Appeal 2007-0278
Application 10/042,047
We begin our analysis by noting that the Court of Appeals for the
Federal Circuit has determined “[t]eaching away is irrelevant to
anticipation.” Seachange International, Inc., v. C-Cor, Inc., 413 F.3d 1361,
1380, 75 USPQ2d 1385, 1398 (Fed. Cir. 2005), citing Celeritas Tech., Ltd.,
v. Rockwell Int’l Corp., 150 F.3d 1354, 1361, 47 USPQ2d 1516, 1522 (Fed.
Cir. 1998); Bristol-Myers Squibb Co. v. Ben Venue Labs., Inc., 246 F.3d
1368, 1378, 58 USPQ2d 1508, 1515 (Fed. Cir. 2001). Therefore, we find
Appellants’ argument misplaced that Shamoon teaches away from the use of
“a non-URL descriptive portion of a script header” because the Examiner
has rejected claim 22 under 35 U.S.C. § 102. We further find that the weight
of the evidence supports the Examiner’s position that offers are a part of the
rules section of the header (e.g., Rule 710) that is separate from the URL
descriptive portion. See Fig. 7 and ¶ 0102:
[0102] In this case, Rule 710 specifies that a user who agrees to
pay a certain amount (or provide a certain amount of
information) may view Stream 49, but all other users are
required to view Stream 50, or a combination of Streams 49 and
50. In this case, Stream 49 may represent a movie or television
program, while Stream 50 represents advertisements …
When the user initially attempts to access the video encoded in
Stream 49, Rule 710 could put up a message asking if the user
would prefer to use pay for view mode or advertising mode. If
the user selects pay for view mode, Rule 710 could store (or
transmit) the payment information, and pass Cryptographic Key
712 to Stream Controller 18. Stream Controller 18 could use
Cryptographic Key 712 to decrypt the first stream until receipt
of a header indicating that a different key is needed to decrypt
the following set of packets. Upon request by Stream Controller
18, Control Block 13 would then check to determine that
payment had been made, and then release Cryptographic Key
13
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