Ex Parte McBrearty et al - Page 5

             Appeal 2007-0731                                                                                   
             Application 09/899,454                                                                             

        1    the bookmarks may be maintained on both a server and the user’s local machine                      
        2    and used in conjunction with a web browser. (Para. 0076, 0077).  The user’s local                  
        3    machine queries the bookmark server when a user session begins to obtain the                       
        4    information about the bookmarks.  The user’s machine also notifies the bookmark                    
        5    server if the user has made any changes to the list of bookmarks.  Pitkow also                     
        6    teaches that the bookmark server may be used in providing web searches. (Para.                     
        7    0103).                                                                                             
        8       Ryan teaches a search engine for the internet.  The system considers several                    
        9    factors in determining whether a web site meets the users search criteria.  One of                 
        10   the measures is a measure of popularity based upon the number of times a web site                  
        11   is visited. Number of times accessed is referred to as number of hits value “x,” see               
        12   column 11, line 56 through column 12, line 31, tables 2 and 3, popularity in                       
        13   general is also discussed in col. 20-23.  Ryan also teaches that results from a search             
        14   may be saved in a manner similar to bookmarking. See column 20, lines 46-53 and                    
        15   column 23, lines 20-32.                                                                            
        16                                                                                                      
        17                                    PRINCIPLES OF LAW                                                 
        18         As was recently described in In re Kahn, 441 F.3d 977, 78 USPQ2d 1329                        
        19   (Fed. Cir. 2006):                                                                                  
        20                [T]he  “motivation-suggestion-teaching”  test  asks  not                              
        21                merely what the references disclose, but whether a person                             
        22                of ordinary skill in the art, possessed with the                                      
        23                understandings and knowledge reflected in the prior art,                              
        24                and motivated by the general problem facing the                                       
        25                inventor, would have been led to make the combination                                 
        26                recited in the claims.   From this it may be determined                               
        27                whether the overall disclosures, teachings, and                                       
        28                suggestions of the prior art, and the level of skill in the                           
        29                art – i.e., the understandings and knowledge of persons                               

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