Ex Parte ALLEN et al - Page 8




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


          selected and “opened” along with the link, or website.  It does             
          not appear that, in Nielsen, a user can select a link without               
          also selecting the sound file associated therewith.  Instant                
          claim 1 provides that an html link, along with its associated               
          graphics, is automatically loaded and that, even though it is               
          automatically loaded, a user need not select, i.e., need not                
          view, that loaded html link.                                                


               The trouble with Nielsen, as it relates to instant claim 1,            
          is that in Nielsen, when the link is selected, the sound                    
          associated with that link is automatically selected and “opened”            
          along with the link, or website, because, as pointed out by                 
          appellants at page 5 of the principal brief, the audio files are            
          background audio and, in essence, “part of the same web page on             
          which their links are found.”  It is clear, from the language of            
          the instant claims, that the linked web pages of the invention              
          are such that an entirely new web page replaces the one on which            
          their links are found.  Thus, it is clear that Nielsen is                   
          deficient in this regard.                                                   





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