Ex Parte BATES et al - Page 8



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

          category relative to a hypertext reference (column 2, lines 38-             
          40).                                                                        

               However, we find nothing disclosed or suggested by any of              
          the references relative to the claimed feature of associating the           
          bookmarks by creating an affinity link “responsive to the                   
          affinity exceeding a predetermined threshold.”  The examiner                
          relies on pages 6-7 of Maarek for this suggestion.  However, we             
          have read and re-read the Maarek reference, concentrating on the            
          cited portions thereof, and we are at a loss to find any clear              
          suggestion of this claim limitation.  The examiner appears to               
          rely on the disclosure, at page 7, of expressing a minimum degree           
          of intra-cluster similarity as a “percentage” as a finding that             
          the reference discloses an affinity “threshold.”                            
               While we cannot glean such a conclusion from pages 6-7 of              
          Maarek, even if we were to find that some kind of threshold is              
          suggested by Maarek, it still begs the question as to why the               
          skilled artisan would have applied any such teaching to the                 
          teachings of Burke and Mantha in order to modify these references           
          so that there is an association between bookmarks by the creation           
          of an affinity link “responsive to the affinity exceeding a                 
          predetermined threshold.”  The examiner does not satisfactorily             
                                         -8–                                          




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