Ex Parte Ullmann et al - Page 4




             Appeal No. 2006-1287                                                             Page 4               
             Application No. 10/047,116                                                                            



             can be an interactive selecting of an unselected unused hyperlink from the previously                 
             recorded Web browsing session to thereby access the linked hypertext (Web)                            
             document."  (Appeal Br. at 6.)                                                                        


                    In addressing the point of contention, the Board conducts a two-step analysis.                 
             First, we construe the independent claims at issue to determine their scope.  Second,                 
             we determine whether the construed claims would have been obvious.                                    


                                             A. CLAIM CONSTRUCTION                                                 
                    "Analysis begins with a key legal question — what is the invention claimed?"                   
             Panduit Corp. v. Dennison Mfg. Co., 810 F.2d 1561, 1567, 1 USPQ2d 1593, 1597 (Fed.                    
             Cir. 1987).  Here, claims 1, 11, and 19 recite in pertinent part the following limitations:           
             "enabling said subsequent user to select a recorded but previously unselected hyperlink               
             to thereby access a linked hypertext document."                                                       


                                         B. OBVIOUSNESS DETERMINATION                                              














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