Ex Parte COX et al - Page 3




             Appeal No. 2002-1707                                                          Page 3              
             Application No. 09/211,527                                                                        


                          automatically modifying the content provided by the network device                   
                   to the device based on the policies and the provided session dependent                      
                   information so as to modify the content provided to the user of the device.                 


                   Claims 2, 7, 8-13 16, 21-27, 30, 35-41, 43-45 stand rejected under 35 U.S.C.                
             § 103(a) as obvious over U.S. Patent No. 5,835,726 ("Shwed") and U.S. Patent                      
             No. 6,009,459 ("Belfiore").                                                                       


                                                  OPINION                                                      
                   Rather than reiterate the positions of the examiner or the appellants in toto, we           
             address the main point of contention therebetween.  Admitting that "Shwed et al fail to           
             teach . . . modify[ing] content provided to the user of the device,"  (Final Rejection2 at 3),    
             the examiner asserts, "it would have been obvious . . .  to modify S[h]wed et al's                
             inventive concept to include Belfiore et al's inventive concept that modify content               
             provided to the user of the device because this would have ensure [sic] that the user             
             receive the particular content selected in the search session."  (Id.)  The appellants            
             argue, "in Belfiore, the only discussion of 'content' being altered occurs at the client and      




                   2"We advise the examiner to copy his rejections into his examiner’s answers                 
             rather than merely referring to a "rejection . . . set forth in prior Office Action. . . ."       
             (Examiner’s Answer at 3.)  Ex parte Metcalf, 67 USPQ2d 1633, 1635 (Bd.Pat.App.& Int.              
             2003).                                                                                            







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