Appeal No. 2001-1604
Application No. 08/785,912
such link is marked for pre-loading in Mogul since Mogul uses a
predictive prefetching, based on the server’s observation of
users’ previous behavior.
We agree with appellants that there would have been no
reason, within the meaning of 35 U.S.C. §103, to modify Nielsen,
with any teaching of Mogul, in order to prefetch web pages
specified in an html because Mogul does not suggest that the web
page designer should predict a replacement web page for the
current web page and Mogul does not include that prediction in
the html for a current web page. Rather, this prediction is left
to the server based on heuristic observations of the user in
Mogul.
Accordingly, it does not appear that the skilled artisan
would have sought to combine Nielsen and Mogul in any meaningful
manner so as to result in the instant claimed subject matter,
within the meaning of 35 U.S.C. §103. Thus, we will not sustain
the rejection of claims 1-5, 15 and 20 under 35 U.S.C. §103.
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