Appeal No. 2004-0354
Application No. 09/240,118
Appellants admit that Barrick does teach a qualitative indicator
of a download interval may be displayed to the user but Barrick
does not suggest that this qualitative indicator is integrated
into a graphical display of the reference to the test page prior
to selection of the hyperlink to the test page.
Appellants also point out that Barrick requires a hyperlink,
if there is one, to be selected in order for the browser agent to
operate to obtain the download interval, so that it is only after
the hyperlink is selected and the browser agent measures the
download interval that a qualitative identification can be made
and displayed to the user.
Moreover, argue appellants, Luzzi does not provide for these
deficiencies of Barrick because Luzzi has nothing, whatsoever, to
do with file references, i.e., hyperlinks. Thus, Luzzi does not
teach or suggest anything remotely similar to identifying files
with references (hyperlinks) to other files, generating
performance data for loading each of said files associated with
said references, or integrating said performance data into a
graphical display of said references prior to selection of one of
said references (principal brief-page 8).
Because Luzzi teaches only a monitoring agent for collecting
performance data of an application program on a server and
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