Appeal 2007-1105
Application 09/731,912
1 edit content on the page. In one embodiment of the
2 invention, the tool is a thin client HTML editor. The
3 editor may be a thin client editor that is provided as a
4 JavaTM programming language applet, or it may reside on
5 each user’s computer. The HTML editor provides the
6 ability to perform richly formatted text editing, such as
7 italics, bold, centered, underline, tables, links, inserting
8 graphics, etc. The invention shows the user content and
9 editing as it occurs in a WYSIWYG mode, as well as
10 automatically creating HTML tags that are associated
11 with the rich formatting. The user can choose between
12 editing in a WYSIWYG browser emulation display, or an
13 HTML code level where HTML tags are directly
14 editable.
15
16 PRINCIPLES OF LAW
17 In rejecting claims under 35 U.S.C. § 103, the Examiner bears the
18 initial burden of establishing a prima facie case of obviousness. In re
19 Oetiker, 977 F.2d 1443, 1445, 24 USPQ2d 1443, 1444 (Fed. Cir. 1992). See
20 also In re Piasecki, 745 F.2d 1468, 1472, 223 USPQ 785, 788 (Fed. Cir.
21 1984). The Examiner can satisfy this burden by showing some articulated
22 reasoning with some rational underpinning to support the legal conclusion of
23 obviousness. KSR Int’l. v. Teleflex Inc., 127 S. Ct. 1727, 1741, 82 USPQ2d
24 1385, 1396 (2007) (citing In re Kahn, 441 F.3d 977, 988, 78 USPQ2d 1329,
25 1336 (Fed. Cir. 2006)). Only if this initial burden is met does the burden of
26 coming forward with evidence or argument shift to the Appellants. Oetiker,
27 977 F.2d at 1445, 24 USPQ2d at 1444. See also Piasecki, 745 F.2d at 1472,
28 223 USPQ at 788.
7
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