Appeal No. 2003-0466
Application No. 08/871,964
Appellants argue (brief, pages 20 and 21) that the server in
eShop does not generate a web page as claimed. The examiner
explains (answer, page 7) 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, pages 8 and 9) 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 2 is sustained. The 35 U.S.C. § 102(a) rejection of
claim 3 is likewise sustained because appellants have chosen to
let this claim stand or fall with claim 2 (brief, page 10).
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