Appeal 2007-0731
Application 09/899,454
1 having ordinary skill in the art at the time of the
2 invention-support the legal conclusion of obviousness.
3 (internal citations omitted).
4 Id. at 988, 78 USPQ2d at 1337. To establish a prima facie case of obviousness, the
5 references being combined do not need to explicitly suggest combining their
6 teachings. See id. at 987-88, 78 USPQ2d at 1337-38 (“the teaching, motivation, or
7 suggestion may be implicit from the prior art as a whole, rather than expressly
8 stated in the references”). “’The test for an implicit showing is what the combined
9 teachings, knowledge of one of ordinary skill in the art, and the nature of the
10 problem to be solved as a whole would have suggested to those of ordinary skill in
11 the art.’” Id. at 987-88, 78 USPQ2d at 1336 (quoting In re Kotzab, 217 F.3d 1365,
12 1370, 55 USPQ2d 1313, 1317 (Fed. Cir. 2000)).
13 ANALYSIS
14 Claim 1 recites “means for tracking the rates of said bookmarked Web
15 documents transmitted from each of said sources … displaying in association with
16 a displayed list of bookmarks for Web documents, data on rates of transmission of
17 said bookmarked documents.” Independent claims 13 and 25 recite similar
18 limitations. As mentioned above Pitkow teaches displaying at the user’s machine,
19 a list of bookmarks along with an indication of popularity. Pitkow does not
20 determine the popularity based upon transmission rates of the web document from
21 the source. Appellants admit, on page 7 of the Brief, that Ryan teaches tracking
22 transmission rates of web documents at the source. Further, as discussed supra,
23 Ryan teaches that tracking transmission rates is used in determining popularity.
24 Given these two documents we find that one skilled in the art would have been led
25 to the claimed invention of tracking web transmission of a document at the source
26 to determine popularity and display the popularity along with the bookmark. Thus,
6
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Last modified: September 9, 2013