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 -9-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007