Ex Parte Burnhouse et al - Page 35

                Appeal 2007-0345                                                                             
                Application 09/812,417                                                                       
                                                                                                            
                “navigating” in claim 3 also seems to me to be statutory computer-                           
                implemented process.                                                                         
                      Claim 3 recites:                                                                       
                      3.  The method of claim 1, wherein the future program actions menu                     
                      comprises features selected from the group consisting of a return                      
                      feature, allowing user to navigate back to preference menu, and a help                 
                      feature, allowing user to navigate to several dependent help                           
                      categories, the features being able to be selected by a user.                          
                This to me is a computer implemented process.                                                
                      Claim 6 recites :                                                                      
                       6.  The method of claim 1, wherein the selected at least one future                   
                       program action includes actions selected from the group consisting of                 
                       recording the selected at least one future program, notifying the user                
                       of the display schedule of the selected at least one future program,                  
                       and preventing the display of the selected at least one future program.               
                      In dependent claim 6, I find the actions of recording, notifying and                   
                preventing the display are more than a mere abstractions, but computer-                      
                implemented process steps.                                                                   
                      With respect to independent claim 23, I find the actions of the user to                
                be more than merely non-functional descriptive material so as to be                          
                essentially printed matter without structure or implementation.  For the user                
                to act with respect to the images, I find that there must be an implicit                     
                computer implementation/process.  For the above reasons, I cannot agree                      
                with the majority’s rejection.                                                               

                              CONCUR-IN-PART AND DISSENT-IN-PART                                             




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