Ex Parte Crandall - Page 4

                Appeal 2007-1412                                                                             
                Application 09/822,152                                                                       


                      prevent any viewing of the closed captioning, therefore preventing a                   
                      safe viewing or any other viewing.  Therefore, modifying Lapierre                      
                      with Goddard, if even possible, would result in the preventing safe,                   
                      censored viewing of the closed-captioning content, thus rendering                      
                      Lapierre unsatisfactory for its intended purpose.                                      
                (Brief 10.)                                                                                  
                Further, Appellant contends that the Examiner’s suggested modification                       
                of Lapierre by integrating DeStefano’s highlighting of words therein would                   
                also render Lapierre unsatisfactory for its intended purpose.  Instead of                    
                removing the objectionable language from the caption, as contemplated by                     
                Lapierre, the proposed modification would highlight the objectionable                        
                language in order to draw the viewer’s attention to the potentially offensive                
                material.  One of ordinary skill would not have been led to draw the                         
                attention of a viewer, such as a child, to highlighted objectionable text in the             
                closed captioning displayed by Lapierre. (Id. 9.)  In response, the Examiner                 
                contends that one of ordinary skill would have been motivated to combine                     
                the cited references because it would have drawn the attention of the viewer                 
                to the potentially offensive material used to adjust the content rating                      
                parameters.  (Answer 4 and 11.)                                                              











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