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). 2Page: Previous 1 2 3 4 5 6 Next
Last modified: September 9, 2013