Appeal 2007-0588
Application 10/202,349
1 First, Van Ryzin describes a problem in the art with utilizing a custom
2 playlist (Col. 2, ll. 14-20):
3 A further difficulty with utilizing a custom playlist is that the
4 created playlist is itself stored in volatile memory of the digital
5 audio/visual actuator device and not in a permanent digital
6 storage device such as a CD. Because the playlist is stored in
7 volatile memory, it is lost whenever power to the CD player is
8 lost, whether by turning off the digital audio/visual actuator
9 device or accidentally losing power.
10 Second, Van Ryzin describes solving this problem where “the playlist
11 is saved in non-volatile memory in digital audio/visual actuator device 10”
12 (Col. 5, ll. 43-44) and “the playlist may be received and permanently stored
13 for later use” (Col. 6, ll. 50-52).
14 Given the teachings of Ho Yuen Lok combine with Van Ryzin’s
15 teaching to permanently store the playlist, and further taking into account
16 Van Ryzin’s explicit framing of the problem as one where the playlist is “not
17 in a permanent digital storage device such as a CD” we conclude that
18 Appellants claims 1 and 19 fail to meet the requirements of 35 U.S.C. § 103.
19 This decision contains a new ground of rejection pursuant to
20 37 C.F.R. § 41.50(b) (effective September 13, 2004, 69 Fed. Reg. 49960
21 (August 12, 2004), 1286 Off. Gaz. Pat. Office 21 (September 7, 2004)).
22 37 C.F.R. § 41.50(b) provides that, “[a] new grounds of rejection
23 pursuant to this paragraph shall not be considered final for judicial review.”
24 37 C.F.R. § 41.50(b) also provides that the Appellants, WITHIN TWO
25 MONTHS FROM THE DATE OF THE DECISION, must exercise one of the
26 following two options with respect to the new grounds of rejection to avoid
27 termination of proceedings (37 C.F.R. § 1.197 (b)) as to the rejected claims:
8
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