Ex Parte LEE - Page 17





                Accordingly, we address van Engelen's arguments only with respect to van Engelen claim 4,                                            
                which is an alternative of the count.                                                                                                
                         There is yet another flaw in the arguments advanced by van Engelen. Although van                                            
                Engelen takes the position that the '558 application fails to provide support for Lee claim 4, with                                  
                or without incorporating by reference the '375 application, van Engelen fails to discuss the '558                                    
                application with particularity with respect to at least one of the features it alleges is not supported                              
                in the '558 application. Although Van Engelen discusses the '375 application in detail, the                                          
                inquiry should begin with what the '558 application describes. That is the application for which                                     
                Lee was accorded benefit. Until it is determined what the '558 application describes, there is no                                    
                need to look to the '375 application. The issue of incorporation by reference is moot, if the '558                                   
                application alone describes an enabling embodiment within the scope of the count.                                                    
                         Since van Engelen has failed to sufficiently demonstrate, that the '558 application,                                        
                standing alone, fails to describe an enabling embodiment within the scope of the count we need                                       
                not determine if the Lee '558 application has effectively incorporated by reference the '375                                         
                application, or determine if the '375 application describes an enabling embodiment within the                                        
                scope of the count. Our discussion pertains to what is set forth in the '558 application and not                                     
                the '375 application.                                                                                                                
                         Dynamically isolated frames                                                                                                 
                         Lee claim 4 (an alternative of the count) recites a first frame and a second frame. The                                     
                claim recites that the second frame is dynamically isolated from the first frame. Van Engelen                                        
                argues that the '558 application fails to describe a second frame that is dynamically isolated from                                  



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