Ex Parte BATES et al - Page 6



          Appeal No. 2002-2011                                                        
          Application No. 09/163,643                                                  

          Mantha to Burke, because of Mantha’s taught advantage of links              

          (linked lists), providing a more flexible data structure to hold            
          bookmarking references” (answer-page 5).                                    
               For their part, appellants argue that Burke may be                     
          considered to teach two bookmarks related by affinity, but the              
          bookmarks are “only indirectly related through the common                   
          category, rather than directly linked by affinity to another                
          bookmark via an affinity link” (brief-page 7).  This argument is            
          not persuasive since it does not appear to be based on any                  
          limitation in the claims.  Claim 1 does not require any “direct”            
          or “indirect” relations between bookmarks.                                  
               Appellants also argue that Burke requires that a user                  
          traverse through a hierarchy to display and navigate between                
          bookmarks and that this does not provide the same level of                  
          intuitiveness as is provided by direct affinity links.  Again,              
          this argument does not appear to be based on any specific                   
          limitation of the claims.  Accordingly, it is not persuasive.               
               Similarly, appellants’ argument that Maarek suffers from the           
          same drawbacks as Burke is not persuasive because no specific               
          claim limitation is cited as distinguishing over Burke and                  
          Maarek.                                                                     
                                         -6–                                          




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007