Ex parte MEIER et al. - Page 6




          Appeal No. 2000-0313                                                        
          Application No. 08/659,430                                                  

          DeRose teaches that the HyTime engines are implemented by a                 
          compiler, which by very definition compiles an ASCII files                  
          [sic] to an executable file."                                               
               From our review of DeRose, we agree with the examiner                  
          that DeRose discloses (pages 96 and 96) implementing HyTime                 
          engines using a compiler.  However, from our review of the                  
          portions of DeRose relied upon by the examiner we find no                   
          disclosure of compiling the ASCII source file to condense the               
          composites and generating a binary file based upon the                      
          compiling step.  We agree with appellants (reply brief, page                
          2) that:                                                                    
               The relevant claim language concerning the step of                     
               compiling is recited in two steps, “compiling the                      
               ASCII source file to condense the composites defined                   
               and the composites referenced by the composites                        
               defined; generating at the network server a binary                     
               file based on step of compiling.”  As recited, the                     
               steps condense multiple composite files, i.e., the                     
               composites defined and the composites referenced by                    
               the composites defined, into a binary file.                            
               Compiling multiple files into a single file                            
               necessarily reduces the number of files within the                     
               multimedia application.                                                
               The examiner's statement that it is "irrelevant" as to                 
          whether DeRose reduces the number of files within a multimedia              
          application ignores the specific limitation "compiling the                  
          ASCII source file to condense the composites defined and the                
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