Ex Parte ALLEN et al - Page 5




          Appeal No. 2001-1604                                                        
          Application No. 08/785,912                                                  


          in the brief have not been considered and are deemed to be waived           
          [see 37 CFR 1.192 (a)].                                                     


               With regard to independent claim 1, the examiner asserts               
          that Nielsen taught the web browser with a means for reading a              
          first html to identify an entry for a link which is marked for              
          pre-loading, by reviewing the html to locate a sound attribute,             
          citing column 2, lines 8-9, and column 3, lines 64-65.  The                 
          examiner further identifies column 2, lines 9-12, and column 4,             
          lines 58-59 and 63-64, of Nielsen as teaching the automatic                 
          loading of another html, responsive to identification of a link             
          marked for pre-loading.                                                     


               Curiously, although the examiner identifies portions of                
          Nielsen as teaching means, responsive to identification of said             
          link marked for pre-loading, for automatically loading into a               
          memory device local to said client web browser, said automatic              
          loading occurring without said link being selected by a user                
          (page 4, first paragraph, of the supplemental answer), in the               
          very next paragraph, the examiner asserts that “Nielson [sic,               
          Nielsen] does not specifically teach pre-loading html.”  It seems           
          a bit awkward, and somewhat contradictory, to assert that a                 

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