Ex Parte Nishimura et al - Page 5

                  Appeal 2007-1569                                                                                         
                  Application 10/089,083                                                                                   
                                                         ISSUE                                                             
                         The issue is whether Appellants have shown that the Examiner erred                                
                  in rejecting the claims under 35 U.S.C. § 103(a).  The issue turns on whether                            
                  the Nakamura reference or the Wiser reference discloses the claimed                                      
                  transmitting steps, and the first and second network.                                                    

                                                FINDINGS OF FACT                                                           
                  Findings with respect to the rejection of claim 1.                                                       

                            1. Appellants have invented a method for reserving and accessing                               
                                resources in a distribution server (#102, Figure 1) supplying                              
                                video content (Specification, page 14) to a series of client PCs                           
                                (#107, Figure 1).  The distributing user, at his own PC #106,                              
                                requests a reservation for a certain time from a Server                                    
                                Reservation Control Center (#101, Figure 1) across a first                                 
                                network, the Internet, and receives back authentication                                    
                                information through the same network.  That information is                                 
                                stored on the distributing user’s PC.  At the reserved time, the                           
                                user presents his authorization, and transmits his content) over a                         
                                second network (#108, Figure 1) from his PC to the streaming                               
                                distribution server (#102, Figure 1).  The distribution server                             
                                then distributes the content to the ultimate users across the first                        
                                network.  (Brief, pages 2 and 3).                                                          
                            2. The Nakamura reference (See Figure 1) distributes video                                     
                                content from Data Stream Storage #121 to a series of users,                                

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