Appeal No. 2003-0637
Application No. 09/103,414
Brown, Mark R., “Using Netscape 3,", pp 44, 99, 476-468, and 545-555, Copyright date
1996 Que Corporation. (Brown)
Windows 95 Explorer, 1995 Microsoft Corp., Screenshots pp 1-8. (Windows)
Claims 1, 4-5, 8-13, 15, and 17-19 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Brown in view of Lin and Windows. Claims 3, 20 and 21 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Brown in view of Lin and
DeRose in view of Windows. Claims 2, 6-7, 14, and 16 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Brown in view of Lin and Sotomayor in view of
Windows.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
appellants regarding the above-noted rejections, we make reference to the examiner's
answer (Paper No. 25, mailed Oct. 23, 2002) for the examiner's reasoning in support of
the rejections, and to appellants’ brief (Paper No. 24, filed Jul. 22, 2002) and reply brief
(Paper No. 26, filed Dec. 23, 2002) for appellants’ arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by appellants and the examiner. As a consequence of
our review, we make the determinations which follow.
In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden
of presenting a prima facie case of obviousness. See In re Rijckaert, 9 F.3d 1531,
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