Appeal 2007-2021
Application 09/790,726
corresponding HTML file. The Examiner concludes that it would have been
obvious to one of ordinary skill in the art at the time of the invention to
provide such a feature in Wiser to enable access via a web browser. The
Examiner also cites Balabanovic as teaching uploading SMIL media files
and concludes that it would have been obvious to one of ordinary skill in the
art at the time of the invention to use SMIL files in the prior art system to
enable playing media files on the internet (Answer 3-5).
Appellant presents two main arguments. First, Appellant contends
that the proposed combination fails to teach or suggest an HTML file
corresponding to an SMIL file as claimed. Appellant argues that only one
cited reference, Balabanovic, even mentions SMIL, but only does so in two
very limited contexts: (1) in connection with storing a resulting presentation
from an audio narrative recorded with respect to photographs uploaded from
a digital camera, and (2) describing various viewing options for received
email messages (Br. 12-13; Reply Br. 6).
Second, Appellant argues that the Examiner failed to provide a valid
line of reasoning to combine the teachings of the cited references. Appellant
contends that Lin merely teaches how web bots extract prices for goods from
various merchant websites and has nothing to do with the electronic music
distribution service system of the claimed invention. Appellant adds that
Balabanovic merely mentions creating and playing back walk through
narratives, nor can HTML itself provide a motivation to combine the
references’ teachings (Br. 14-15; Reply Br. 5-6).
The Examiner responds that Wiser teaches uploading a multimedia
file to a database, and Lin teaches generating an HTML corresponding to an
uploaded multimedia file. Modifying Wiser to generate an HTML file in
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