Ex Parte KELLY - Page 4




              Appeal No. 2001-1529                                                                                       
              Application No. 08/696,627                                                                                 

                     However, instant claim 1 sets forth, inter alia, the step of “suspending the script                 
              containing the server request until a reply is received to the server request.”  We agree                  
              with appellant (e.g., Brief at 17) that the rejection is unclear with respect to pointing out              
              the particular elements described by Judson that are deemed to teach the claim                             
              limitations attributed to the reference.  We consider it most likely that Judson’s browser,                
              or the process running within the browser (described at col. 5, l. 50 - col. 6, l. 11), is                 
              proposed to correspond to the claimed “interpreter.”  The “script” as claimed would thus                   
              correspond to the Hypertext Markup Language (HTML) code, as illustrated in Figure 7                        
              of the reference.                                                                                          
                     We find no satisfactory response from the examiner to appellant’s position set                      
              forth in the Brief, as developed therein and supported by reference to Judson, that the                    
              reference fails to disclose or suggest suspending the script containing the server                         
              request until a reply is received to the server request.  Nor do we find any description of                
              such a process in Judson, notwithstanding the rejection relying upon the reference as                      
              teaching the feature.  In our reading of Judson’s disclosure, a script containing the                      
              server request is not suspended until a reply is received to the server request.  On the                   
              contrary, execution of the relevant script is effectively complete at the time of a server                 
              request, and a new script (i.e., HTML code loaded from the requested web link) is                          
              thereafter accessed.  Judson at col. 5, l. 50 - col. 6, l. 11 and  Fig. 3.                                 
                     Each of the remaining independent claims on appeal (4, 7, and 10) sets forth                        
              combinations that include substantially similar limitations to those in claim 1 that we find               
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