Ex Parte Shteyn

Board of Patent Appeals and Interferences

Sep 27, 2006

09635549 (B.P.A.I. Sep. 27, 2006)

The opinion in support of the decision being entered today was not
written for publication and is not binding precedent of the Board.

UNITED STATES PATENT AND TRADEMARK OFFICE
__________

BEFORE THE BOARD OF PATENT APPEALS
AND INTERFERENCES
__________

Ex parte YEVGENIY E. SHTEYN
__________

Appeal No. 2006-2313
Application No. 09/635,549
___________

ON BRIEF
___________

Before THOMAS, HAIRSTON, and RUGGIERO, Administrative Patent
Judges.

HAIRSTON, Administrative Patent Judge.

DECISION ON APPEAL

This is an appeal from the final rejection of claims 1
through 16.
Appeal No. 2006-2313
Application No. 09/635,549

2
The disclosed invention relates to consumer apparatus access
to data from a server based on a predetermined URL or an
identifier associated with the consumer apparatus.
Claim 1 is illustrative of the claimed invention, and it
reads as follows:
1. A consumer apparatus responsive to a user-input for
initiating retrieval of data from a server under control of a
predetermined URL or an identifier therefor associated with the
apparatus, the data representing content information about the
context of usage of the apparatus.
The reference relied on by the examiner is:
Allan EP 1 017 206 A2 July 5, 2000
(European Patent Application)

Claims 1 through 16 stand rejected under 35 U.S.C. § 102(a)
as being anticipated by Allan.
Reference is made to the brief and the answer for the
respective positions of the appellant and the examiner.
OPINION
We have carefully considered the entire record before us,
and we will reverse the anticipation rejection of claims 1
through 16.
Appeal No. 2006-2313
Application No. 09/635,549

3
Each of the claims on appeal requires user input of a
predetermined URL or an identifier associated with an apparatus
for initiating retrieval of data from a server.
Appellant argues inter alia that the single Internet address
(i.e., URL) assigned to the apparatus in Allan does not enable
the apparatus to retrieve content from a server, and that “[t]he
Examiner’s rejection would require the apparatus to retrieve data
from itself, ignoring the recited limitation of ‘retrieval of
data from a server’” (brief, page 4).
We agree with appellant’s arguments. In Allan, the single
URL assigned to an apparatus 14 based on a multiplexing scheme is
used to access the Internet 18 for data that is downloaded to the
apparatus 14 via a server application device at the home network
10, and is not used to retrieve data from a server (Figure 1;
Abstract; paragraphs 0010 and 0030). Allan specifically states
(paragraph 0018) that the server application device only
“administers the ports [16], forwards data traffic to the
specific clients [apparatus] on the basis of port demultiplexing,
interdicts client data traffic where appropriate and filters
incoming data traffic from the Internet.”
Appeal No. 2006-2313
Application No. 09/635,549

4
In summary, the anticipation rejection of claims 1 through
16 is reversed because Allan does not use the single URL assigned
to the apparatus to “retrieve content” from a server. As
indicated supra, the server in Allan is merely a conduit for data
retrieved from the Internet. Anticipation is established only
when a single prior art reference discloses, expressly or under
the principles of inherency, each and every element of a claimed
invention as well as disclosing structure which is capable of
performing the recited functional limitations. RCA Corp. v.
Applied Digital Data Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984).
DECISION
The decision of the examiner rejecting claims 1 through 16
under 35 U.S.C. § 102(a) is reversed.
Appeal No. 2006-2313
Application No. 09/635,549

5
REVERSED

JAMES D. THOMAS )
Administrative Patent Judge )
)
)
) BOARD OF PATENT
KENNETH W. HAIRSTON )
Administrative Patent Judge ) APPEALS AND
)
) INTERFERENCES
)
JOSEPH F. RUGGIERO )
Administrative Patent Judge )

KWH/ce

Appeal No. 2006-2313
Application No. 09/635,549

6
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