Ex Parte BERANEK - Page 6




            Appeal No. 2002-1517                                                                              
            Application No. 08/927,660                                                                        


            we do note that Mighdoll specifically states in column 8, lines 43-46, and column 9, lines        
            7-9, that “[i]t should be noted that transcoding can be deferred until after the document         
            has been downloaded, as described above; hence the sequence of FIG. 6 is illustrative             
            only” and “that transcoding can be deferred until after the document has been                     
            downloaded in some cases.”  Here, we find that Mighdoll specifically teaches that the             
            client may perform the transcoding or altering of the data, but we leave it to the                
            examiner to evaluate this specific teaching and determine whether it would have been              
            obvious to one of ordinary skill in the art to further perform the analysis or parsing of         
            data to determine the appropriate transcoding at the client rather than at the                    
            intermediary.  Since we find that the examiner has not established a prima facie case             
            of obviousness of independent claim 1, we cannot sustain the rejection of independent             
            claim 1 and its dependent claims.                                                                 















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