Ex Parte ALLEN et al - Page 7




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


               Nielsen does, indeed, disclose a “pre-fetching” operation              
          but Nielsen allows a web designer to specify that an audio file             
          linked to a web page should be pre-fetched before the user does             
          anything with the page.  This relates to conventional background            
          sounds on a web page and making sure that the entire web page,              
          along with its associated sound background, is available before             
          user input is accepted.                                                     


               This is much different from the reading of an html to                  
          identify an entry for a link which is marked for pre-loading.               
          But, even assuming that the sound file of Nielsen may be                    
          considered to be a “link” which is pre-loaded, or marked for pre-           
          loading, upon the reading of the html associated with the sound,            
          there does not appear to be an “automatic” loading of the sound             
          file in response to identifying the link marked for pre-loading.            
          Even so, and assuming that Nielsen does show all of this, in the            
          sense that the sound background for the website is automatically            
          pre-loaded upon selection of the website, this still lacks any              
          showing by the examiner that the “automatic loading” occurs                 
          “without said link being selected by a user of said client web              
          browser.”  This is so because, in Nielsen, when the link is                 
          selected, the sound associated with that link is automatically              

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