Ex Parte Glenner et al - Page 10


               Appeal 2007-1089                                                                             
               Application 10/348,277                                                                       
               objects based at least in part upon the metadata associated therewith.  The                  
               Examiner notes that Yao’s segmented frames are combined to form a shot,                      
               shots are combined to form scenes, and scenes are combined to form videos                    
               based on metadata including activity of objects, depicted events, actions of                 
               objects and sequences  (see Yao, p. 40, § 2, ¶¶ 3, 4).  The Examiner further                 
               points out that Yao’s shots, scenes and videos are new media objects that are                
               created from subsets of media objects based on the metadata of those objects                 
               (Answer 20).                                                                                 
                      The Examiner acknowledges that Yao does not teach a component                         
               that embeds a first media object into a second media object, even though the                 
               Examiner finds Yao teaches a first media object as an audio object (see Yao,                 
               p. 40, § 2, ¶1), and a second media object as a video segment (see Yao, p.                   
               39, § 1.1, ¶ 2) (Answer 20). The Examiner points to Fielder as teaching                      
               embedding an audio object (i.e., a first media object) into a video object (i.e.,            
               a second media object) (see Fielder, col. 14, ll. 43-47). (Answer 20).                       

                                            Analysis of Issue 1                                             
                      We begin our analysis by construing the recited “media objects” by                    
               applying the broadest reasonable interpretation consistent with the                          
               Specification.  See In re Hyatt, 211 F.3d 1367, 1372, 54 USPQ2d 1664,                        
               1667 (Fed. Cir. 2000) (“during examination proceedings, claims are given                     
               their broadest reasonable interpretation consistent with the specification.”).               
               When we look to the Specification for context, we find Appellants broadly                    
               disclose “media objects,” as follows:                                                        
                      In addition, the term “media object” as employed in this                              
                      application is intended to refer to pictures, photographs, music,                     

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