Appeal No. 2001-2542
Application No. 09/000,760
With respect to representative, independent claim 1, the
examiner essentially finds that Radziewicz teaches the claimed
invention except for the module controlling presentation of the
dynamic content. The examiner cites Hashimoto as teaching a
system in which documents to be displayed are controlled by a
display control unit. The examiner finds that it would have been
obvious to the artisan to provide the display control unit of
Hashimoto in the Radziewicz system in order to control the
display of advertising messages at certain times [answer, pages
3-4].
Appellants argue that the module downloaded in Radziewicz
neither retrieves dynamic content nor controls display of that
dynamic content, but instead, simply provides a window allowing
server-based facilities at the server provider to display
advertisements. Appellants also argue that the combination of
Radziewicz and Hashimoto as proposed by the examiner makes no
sense because there would be no need to download the executable
module of Radziewicz to retrieve and display the advertising
messages of Radziewicz, and there is nothing that suggests
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