Ex Parte ELLESTAD et al - Page 4




              Appeal No. 2001-1205                                                                                         
              Application No. 08/729,362                                                                                   


              rather than an URL “in order to provide a user with the ability to directly communicate                      
              with an expert capable of viewing the same screen as the user, thus providing a more                         
              efficient and time saving help system” [Paper No. 14-page 4].                                                
                     For their part, appellants argue that it is improper to take the web page help                        
              system of Bateman and incorporate it into the stand alone help application program of                        
              Dudzik in order to arrive at the instant claimed subject matter.  In particular, appellants                  
              argue that claim 1 requires the collection of information at the first computer and that                     
              collected information be “associated” with the application program being run.                                
              Appellants point out that Bateman, upon which the examiner relies for this limitation,                       
              collects information regarding the user and the web page being viewed by a browser                           
              application, not an application running on the computer.                                                     
                     Appellants further argue that neither of the applied references establishes a                         
              communication link between the user’s computer and the expert’s computer, as                                 
              required by claim 1.  Rather, explain appellants, Bateman sends an e-mail of a web                           
              page identifier to the second computer while a separate voice line or channel, which is                      
              not between the computers, is established.                                                                   
                     The examiner’s response is that it was recognized that Bateman does not                               
              disclose the step of collecting information associated with an application program but                       





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