Ex Parte ALLEN et al - Page 9




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


               In attempting to remedy this deficiency, the examiner relies           
          on Mogul.  But, while Mogul does involve a pre-fetch of an object           
          before a user actually requests it, similar to the linked web               
          pages of the instant invention, Mogul’s server selects the                  
          objects to be pre-fetched based on “predictive prefetching,”                
          i.e., based on observations of the behavior of users of the                 
          system.                                                                     


               As pointed out by appellants, at page 6 of the principal               
          brief, this is much different than the instant claimed invention            
          where the definition of the html dictates which link to prefetch.           
          The person who wrote the html determines if any one of the html             
          links defined in the html being displayed should be prefetched.             
          It is true that the instant claims contain no explicit limitation           
          regarding a person writing the html determining if a link should            
          be prefetched.  However, the claims do require that a link is               
          “marked for pre-loading.”  Accordingly, something, or someone, is           
          doing the “marking.”  While Nielsen may be “marking” a link for             
          pre-loading in the sense that a sound file is “marked” so that it           
          is pre-loaded with a web page, as explained supra, the sound file           
          is part of the same web page with which it is associated and, in            
          this sense, is unlike the instant claimed invention.  Clearly, no           

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