Appeal 2007-2220
Application 09/896,231
Claim Fact Officially Noticed
As Well Known Evidentiary Support
U.S. Pat. 5,414,45514
7 Use of buffers in (Hooper); Abstract and
telecommunications
col. 2, ll. 8-15
Charging less for U.S. Pat. 6,631,413
12 and 16 extended download (Aggarwal); col. 4, ll.
times 11-33
U.S. Pat. 5,172,413
21 Storing new releases in (Bradley); col. 7, l. 63-
video servers
col. 8, l. 11
Providing the user with
U.S. Pat. 5,850,218
40 on-screen options to
(LaJoie)
purchase media
Using icons in U.S. Pat. 5,850,218
45 electronic programming (LaJoie); col. 19, ll. 29-
guides 38 and all figures
Providing the user with
U.S. Pat. 5,850,218
49 the on-screen option to
(LaJoie); Fig. 28
purchase programs
Debiting consumer
U.S. Pat. 5,329,590
61 accounts for various
(Pond); col. 8, ll. 27-43
transactions
Based on the nature of the facts noticed as shown above, we find no
reversible error in the Examiner’s approach to officially notice these facts.
Significantly, the Examiner’s reference to corresponding patents amply
demonstrates that the facts were readily capable of unquestionable
demonstration so as to defy dispute and readily available to the public. We
further note that these facts officially noticed in the rejection were not
merely considered in a vacuum as Appellants seem to suggest. Rather, in
the pertinent rejections, the Examiner concluded that these facts were readily
14 The patent number for the Hooper reference on Page 9 of the Answer
contains a typographical error: U.S. Pat. No. 5,414,555 should be 5,414,455.
14
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