Ex Parte Brown et al - Page 9




              Appeal No.  2006-1790                                                                                     
              Application No. 10/042,030                                                                                

              modified by the user so that when the received document is received again, the new                        
              default settings by the user will cause the document attributes to be in accordance with                  
              the user preferences.                                                                                     
                     Therefore, we will sustain the rejection of claim 1, and of claims 2, 4, 5-10, 12-14,              
              and 16-21, which are argued together with claim 1 (see pages 10-12 of the principal                       
              brief) under 35 U.S.C. §103.                                                                              
                     Turning to claims 3 and 15, these claims require that the document component                       
              comprise a background color and the step of modifying the attribute comprises                             
              removing the background image from the document.                                                          
                     The examiner identifies APA, page 2, lines 6-9, as teaching that the document                      
              component may comprise a background image, and IE as selecting a box to ignore the                        
              color specified on Web pages, thus removing a background image from the document,                         
              as claimed.                                                                                               
                     Appellants argue that a background color, removable in IE, is not the same as a                    
              background image.  We disagree.  A broad, but fair, interpretation of a background                        
              image would also comprise the background color as this defines the “image” of the                         
              background.  The background “image” being totally blue is a different “image” than the                    
              background image being totally white, for example.                                                        
                     Thus, we will sustain the rejection of claims 3 and 15 under 35 U.S.C. §103.                       




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