Ex Parte Roth - Page 4




                 Appeal No. 2003-1614                                                                                  Page 4                     
                 Application No. 09/817,692                                                                                                       


                                  a menu for presentation by said program, said menu having a                                                     
                         Uniform Resource Locator (URL) list containing a plurality of URLs, at                                                   
                         least some URLs in said list being arranged based at least in part upon                                                  
                         time of day.                                                                                                             


                         Claims 1-6 stand rejected under 35 U.S.C. § 101 as claiming the same invention                                           
                 as that of claims 1-5 of U.S. Patent No. 6,266,060 ("Roth").  Claims 7, 13, and 15 stand                                         
                 rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent No. 5,727,129                                                    
                 ("Barrett").  Claims 10-12 and 18-22 stand rejected under 35 U.S.C. § 103(a) as obvious                                          
                 over Barrett and Mark R. Brown ("Brown"), Using Netscape 3 (1996).                                                               


                                                                  OPINION                                                                         
                         Our opinion addresses the rejections in the following order:                                                             
                         •        double patenting rejection                                                                                      
                         •        anticipation and obviousness rejections.                                                                        


                                                    A. DOUBLE PATENTING REJECTION                                                                 
                         Rather than reiterate the positions of the examiner or the appellant in toto, we                                         
                 address the point of contention therebetween.  Observing that "as per claim 1 in the                                             
                 application 'said initial web page from a plurality of web pages'; and 'said plurality of web                                    
                 pages make up an ordered list of web pages' (claim 2)," (Final Rej. at 4), the examiner                                          
                 asserts, "an 'initial web page in the ordered list of web pages' is inherently states [sic]                                      








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