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United States Court of Appeals for the Federal Circuit
July 27, 2012, Decided
[***1556] [*1285] Lourie, Circuit Judge.
Antor Media Corporation ("Antor") appeals from the decision of the Board of Patent Appeals and Interferences of the United States Patent and Trademark Office ("PTO") rejecting on reexamination the claims of its U.S. Patent 5,734,961 (the "'961 patent") as anticipated and obvious over four references. See Ex Parte Antor Media Corp., No. 2010-007531, 2010 Pat. App. LEXIS 18512, 2010 WL 4149232 (B.P.A.I. Oct. 21, 2010) ("Board Opinion"), reh'g denied, 2011 Pat. App. LEXIS 16638, 2011 WL 1100047 (B.P.A.I. Mar. 23, 2011) ("Rehearing Opinion"). Because the Board did not err in rejecting the claims as anticipated [**2] and obvious, we affirm.
Antor owns the '961 patent relating "to a method and apparatus for transmitting information recorded on digital disks from a central server to subscribers via a high data rate telecommunications network." '961 patent col.1 ll.15-18. The goal of the '961 patent is to allow subscribers to access and to receive information—digital media such as music, images, documents, video, and software—stored on information systems over a telecommunications network. Id. col.1 ll.19-21, col.2 ll.64-67, col.3 ll.1-27. Subscribers select information on the central server, which is then compressed and transmitted over the telecommunication network to them, as shown in Claim 1:
1. Method of receiving information from one of a plurality of information systems via a high data rate telecommunication network in response to a request from one of plural subscriber stations, said method comprising the steps of:
initiating a two-way transmission from subscriber computer means of said one of said plural subscriber stations to one of said information systems via said telecommunication network,
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689 F.3d 1282 *; 2012 U.S. App. LEXIS 15637 **; 103 U.S.P.Q.2D (BNA) 1555 ***; 2012 WL 3055928
IN RE ANTOR MEDIA CORPORATION
Prior History: [**1] Appeal from the United States Patent and Trademark Office, Board of Patent Appeals and Interferences. (Reexamination Nos. 90/007,839, 90/007,936, 90/007,942, 90/007,957, & 90/009,261).
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Patent Law, Jurisdiction & Review, Standards of Review, De Novo Review, Substantial Evidence, Nonobviousness, Evidence, Fact & Law Issues, Anticipation & Novelty, Specifications, Enablement Requirement, Standards & Tests, Description in Publications, US Patent & Trademark Office Proceedings, Examinations, Office Actions, Proof of Enablement, Description in Prior Patents, General Overview, Elements, Elements & Tests, Graham Test, Secondary Considerations