Ex Parte Kondoh et al - Page 6




          Appeal No. 2003-0427                                                        
          Application No. 09/808,950                                                  


               Appellants argue (brief, page 20) that the server in eShop             
          does not generate a web page as claimed.  The examiner explains             
          (answer, page 9) that:                                                      
               [W]hen a web page is accessed via a browser, the HTML                  
               document associated with that web page is accessed as                  
               well.  Then, any images referenced within the HTML tags                
               are located and dynamically merged with the text                       
               information upon display to a user.                                    
          Appellants’ disclosure makes clear that the web page is nothing             
          more than the formation of an HTML source code (specification,              
          pages 7, 27 and 34).  Accordingly, we agree with the examiner’s             
          analysis (answer, page 11) that:                                            
                    As discussed above, all web pages are inherently                  
               created by a browser merging data corresponding to                     
               different tags with the basic HTML templates/layouts                   
               defined by the respective tags.  All web pages accessed                
               on the Internet are generated by a browser.  Since                     
               eShop provides an eShop Plaza where various merchants                  
               are grouped together in a cyber shopping mall, eShop’s                 
               cyber mall server inherently assists in generating the                 
               different cyber shops.  The fact that the eShop cyber                  
               mall server displays web pages in response to a                        
               customer accessing a store in the cyber mall means that                
               the eShop cyber mall server generates the requested web                
               pages as well.                                                         
               In view of the foregoing, the 35 U.S.C. § 102(a) rejection             
          of claim 21 is sustained.                                                   
               Turning to claim 15, appellants’ arguments (brief, pages 22            
          through 25) to the contrary notwithstanding, we agree with the              
          examiner (answer, page 13) that “eShop teaches all of the recited           

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