Ex Parte KELLEY et al - Page 3




          Appeal No. 2002-0633                                                        
          Application No. 08/978,012                                                  


                                      OPINION                                         
               We reverse.                                                            
               Clause d) of independent claim 1 on appeal recites                     
          “receiving notification of new Internet addresses, at the network           
          server, from owners of said desired files.”  Clause e) of this              
          claim recites a feature of updating in the network server                   
          database at least one of the Internet addresses for the desired             
          files on the network and, finally, clause f) recites the feature            
          of transferring from the network server database to the database            
          of the client computers this new updated address.  Corresponding            
          features are recited in each of the other independent claims                
          9, 16 and 20 on appeal.                                                     
               The focus of the arguments between appellants and the                  
          examiner revolves around these features.                                    
               Both Noble and Inakoshi teach sophisticated passive                    
          monitoring only arrangements on the Internet by which                       
          users/clients may otherwise seek and/or receive updated web page            
          information associated with corresponding servers.                          
               As repeatedly argued by appellants in the brief and reply              
          brief, Noble does not teach or suggest that an Internet network             
          server receives new Internet addresses from the owners of the               
          files desired by the client computer as in representative                   

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