Appeal No. 2001-1131
Application No. 08/761,566
application, but appellants maintained that the Beta version used Cookies stored on the
client computer which is different from the claimed invention and does not teach or
suggest the claimed invention. Additionally, appellants denied that there was a public
use of the instant claimed invention more than one year prior to the filing of the instant
application. Furthermore, both declarations have additionally evaluated technical
information concerning the Beta version (copy filed Dec. 20, 1999 with a release date of
October 1995 for the Beta version) and found that the Beta version merely implemented
the customization information using cookies stored on the client computer. (See brief at
pages 6 and 7.)
Since the Beta version of the Microsoft software does not evidence non-client
side storage of customization information, we must look to the teachings of Cookies
Proposal. Here, we find that Cookies Proposal does not clearly teach the use of
server/non-client side storage of customization information. Therefore, we agree with
appellants that the public use of the Beta version of the Microsoft software in
combination with the prior art teachings of Cookies proposal does not render obvious
the server/non-client side storage of customization information and we cannot sustain
the rejection thereof.
Appellants argue that the references disclose storing customization information
of client information on a client computer, not on a server computer. (See brief at
5
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