Ex Parte KELLEY et al - Page 6




          Appeal No. 2002-0665                                                        
          Application 08/977,519                                                      


               Our study of Slivka and, in particular, these noted                    
          portions that we have just emphasized, lead us to conclude that             
          this reference does not teach or even suggest that any assigned             
          HTML tag is displayed on a web page and is thereby executable by            
          the web browser to execute the program on the operating system as           
          required at the end of each independent claim on appeal.  The               
          examiner's positions in the answer appear to take the view that             
          the variously mentioned HTML tags discussed in Slivka are                   
          actually displayed in the manner claimed, yet we have found                 
          otherwise, however.  Therefore, the examiner has not presented              
          any arguments as to why such a feature would have been obvious to           
          the artisan.  Moreover, we are unaware of any reasoning on our              
          own that may be probably advanced within 35 U.S.C. § 103 based              
          upon the teachings and suggestions in Slivka that the artisan               
          would have found it obvious to have displayed the HTML tag itself           
          on a web page associated with it thereby permitting the HTML tag            
          to be executed by the web browser to execute the corresponding              
          program on the operating system to the extent claimed.                      







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