Appeal No. 2001-1317
Application No. 08/925,845
Foreword portion of a JavaScript Essentials text by Jason J.
Manger, included as an appendix to the brief, and that,
therefore, “executable content” refers to more than simply an
HTML document.
If we read the examiner correctly, he appears to be saying
that the claims do not refer to any specific virtual machine
instruction code, such as Java, and that, broadly interpreted,
HTML is a “virtual machine instruction code.” We agree.
Appellant gives the preferred example of Java as a virtual
machine instruction code but never explains why HTML may not be
considered to be a virtual machine instruction code.
If we further understand the examiner correctly, he is
arguing that once the document in Bobo has been converted to HTML
format, and a message is sent to the recipient via e-mail, the
recipient may then connect with the message storage and delivery
system through the internet and have the message downloaded to
the user’s computer so that executed virtual machine instruction
code is displayed.
While the examiner makes some good points, and it is
certainly true, in Bobo, that a facsimile document is received,
converted to HTML format and available for a user’s use through
the internet once the user is informed, via e-mail, that a
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