Appeal 2007-1094
Application 09/844,976
1326 (Fed. Cir. 2005) (en banc) (internal citations omitted). The "ordinary
and customary meaning of a claim term is the meaning that the term would
have to a person of ordinary skill in the art in question at the time of the
invention, i.e., as of the effective filing date of the patent application." Id. at
1313, 75 USPQ2d at 1326.
ANALYSIS
Appellant contends that Examiner erred in rejecting claims 1-12 under
35 U.S.C. 103(a). Reviewing the findings of facts cited above, we do not
agree. In particular, we find that the Examiner made a prima facie showing
of obviousness with respect to claims 1-12 and Appellant failed to meet the
burden of overcoming that prima facie showing.
We find that a skilled artisan would have used the VBI broadcast
signal teachings of Kim to aid in increasing the efficiency of the program
delivery system of Hendricks.
Regarding claim 1, we note that the plain language of claim 1 does not
require the "electronic content" received by the terrestrial over-the-air
broadcast center and also received by the user appliance to be the same as
the "digital over-the-air electronic content" generated during a vertical
blanking interval of an analog broadcast signal by the terrestrial over-the-air
broadcast center. Claim 1 does not link or otherwise show a relationship
between the "electronic content" limitation and the "digital over-the-air
electronic content" limitation. Neither does the plain language of claim 1
require the "electronic content" received by the user appliance to be received
from the terrestrial over-the-air broadcast center. Further, Appellant has
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