Ex Parte KELLEY et al - Page 6




          Appeal No. 2002-0633                                                        
          Application No. 08/978,012                                                  


               We are not persuaded by the examiner’s basic view that the             
          client computer/user is or corresponds to the owner of the                  
          claimed desired files.  Notwithstanding the fact that appellants            
          do not provide support in the specification or drawings to                  
          otherwise define an owner as a unique entity, we do not go so far           
          as to agree with the examiner’s view that a user with privileges            
          to make modifications or changes to an Internet address amounts             
          to an owner as expressed at the bottom of page 10 of the answer.            
          While this may be true in some instances in the art as a whole,             
          neither Noble nor Inakoshi teaches or suggests that any                     
          user/client computer is an owner of accessible files.  Likewise,            
          the mere fact that Noble’s teaching does not exclude an owner as            
          a user or a user as an owner, does not amount to a teaching or              
          suggestion within 35 U.S.C. § 103 to lead us to agree with the              
          examiner’s view that therefore, ipso facto, a user is an owner              
          for purposes of claim interpretation.  Appellants’ reliance at              
          pages 2 and 3 of the reply brief on Black’s Law Dictionary is not           
          well taken since a definition from a technical dictionary of                
          common Internet usages would have been more persuasive.                     
               All of these remarks constitute substantive reasons based              
          upon the teachings and suggestions of both references to reverse            
          the rejection of the claims on appeal.  The examiner’s                      

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