Ex Parte Rising - Page 2

              Appeal 2007-0438                                                                       
              Application 09/905,524                                                                 
                    A.  Claims 1 through 22 stand rejected under 35 U.S.C. § 103 (a) as              
              being unpatentable over the combination of APA and Smith.                              
                    The Examiner relies on the following references:                                 
              Smith   US 6,223,183 B1  Apr. 24, 2001                                                 
              Applicant’s Admitted Prior Art (APA), Specification, pages 1-3                         
                    Independent claim 1 is illustrative and representative of the                    
              Appellant’s invention.  It reads as follows:                                           
                    1.  A computerized method for processing descriptions of audiovisual             
              content, the method comprising:                                                        
                    evaluating a description of audiovisual content;                                 
                    determining whether the description is an abstraction; and                       
                    if the description is an abstraction,                                            
                          determining a level of abstraction, wherein the level of                   
              abstraction identifies one of plurality of types of abstraction, and                   
                          storing an indicator of the level of abstraction with description          
              of audiovisual content.                                                                
                    Appellant contends that claims 1 through 22 are not unpatentable over            
              the combination of APA and Smith.1  Particularly, Appellant contends that              
              the cited combination does not fairly teach or suggest a computerized                  
              mechanism for evaluating a description of an audio visual content to                   
              determine if it is an abstraction as well as to determine the level and type of        
                                                                                                    
                    1 This decision considers only those arguments that Appellant                    
              submitted in the Appeal Brief.  Arguments that Appellant could have made               
              but chose not to make in the Brief are deemed to have been waived.  See 37             
              CFR § 41.37(c)(1) (vii)(eff. Sept. 13, 2004).  See also In re Watts, 354 F.3d          
              1362, 1368, 69 USPQ2d 1453, 1458 (Fed. Cir. 2004).                                     
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