Ex Parte BATES et al - Page 3



          Appeal No. 2003-1328                                                        
          Application No. 09/007,493                                                  

               Claims 1-37 stand rejected under 35 U.S.C. § 103(a) as being           
          unpatentable over Tyler.                                                    
               We make reference to the answer (Paper No. 11, mailed                  
          October 22, 2001) for the Examiner’s reasoning, and to the appeal           
          brief (Paper No. 10, filed August 3, 2001) and the reply brief              
          (Paper No. 12, filed February 22, 2002) for Appellants’ arguments           
          thereagainst.                                                               

                                       OPINION                                        
               The Examiner relies on page 157 of Tyler for showing                   
          instructions related to moving hotspots while page 44 shows                 
          various formatting controls (answer, page 3).  The Examiner                 
          further argues that Tyler implicitly teaches the claimed                    
          “adjusting the display position” since any changes made to the              
          font size of a textual link will necessarily change the alignment           
          between the hypertext links (id.).  Acknowledging that Tyler does           
          not disclose the adjustment based on the determined positions,              
          the Examiner concludes that “any change in the text would                   
          necessarily require” such adjustment (answer, page 4).                      
               Appellants argue that claim 1 relates to manipulation based            
          upon the determined displayed positions whereas Tyler is merely             

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