Ex Parte Sater et al - Page 3

               Appeal 2007-0993                                                                       
               Application 10/376,198                                                                 


                                              OPINION                                                 
                    Independent claim 1 recites, in pertinent part, that the customization            
               component "receives the modification data via populated data fields                    
               embedded in the selected media."  Independent claim 18 recites a step of               
               "receiving respective modification data …, the modification data populated             
               with selectable embedded data fields."  Similarly, independent claim 21                
               recites the means for "receiving data relating to modifying the selected               
               media, the data includ[ing] one or more selectable data fields embedded in             
               the selected media."  Thus, each of the independent claims requires data               
               fields embedded in the selected media.                                                 
                    The Examiner asserts (Answer 4) that Catona discloses in column 3,                
               lines 7-20, that "the customization component receives the modification data           
               via populated data fields embedded in the selected media."  Appellants                 
               contend (Br. 4) that Catona fails to disclose the above-noted limitation.              
               Specifically, Appellants contend (Br. 5) that Catona's karaoke-style mixing            
               system merges and/or superimposes a pre-recorded song track with a user's              
               vocal track.  Thus, Catona does not teach or suggest modifying a song by               
               populating embedded data fields in the passage cited by the Examiner or                
               elsewhere.  The Examiner responds (Answer 6-7) that Catona discloses the               
               media, the user's vocal track, and the song modified by the user's vocal track         
               being digitally recorded, that digital songs are formed of "populated data             
               fields embedded with information for producing or reproducing the stored               
               data," and that "[t]his means the media is stored as data fields embedded              
               with information related to the customized media to be produced when                   


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