Ex Parte KELLEY et al - Page 4




          Appeal No. 2002-0665                                                        
          Application 08/977,519                                                      


          Figure 3 may be used to launch the executable programs and data             
          files of the operating system or folders containing one or more             
          of such executable program and data files on the operating                  
          system.                                                                     
               We summarize these considerations by making reference to               
          the last two clauses of independent claim 1 on appeal which are             
          in turn characterized in the Summary of the Invention at page 3             
          where it is indicated that the "web page is viewable on a web               
          browser such that the HTML tags are displayed on the web page               
          and executable by the web browser to execute the programs on the            
          operating system."  The latter portions of each independent claim           
          1, 10, 17 and 19 on appeal correspond to these features and the             
          last two clauses of representative claim 1 reproduced earlier in            
          this opinion.                                                               
               In reversing the rejection, it appears to us from our study            
          of the answer and our detailed study of the entirety of Slivka              
          itself, the examiner has not come to grips with the noted subject           
          matter at the end of each independent claim on appeal.  The                 
          examiner asserts that the step of independent claim 1 on appeal             
          of assigning an HTML tag to the program and data file of the                
          operating system icon to be accessed and the subsequent step of             


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