Appeal No. 2002-2013
Application 09/036,699
pre-determined pre-fetching policy. The key here is the pre-fetching of URLs to a remote
platform, one other than that on which the stored instructions are executed.
Citing Barrett’s abstract and column 9, lines 1-45, the examiner finds that Barrett
discloses stored instructions which pre-fetch via a network connection URLs to a remote
platform in accordance with a predetermined pre-fetching policy. (Answer at 9) The examiner
further states (Answer at 9-10): “The instructions are included in any one of browser, a network
driver, protocol stack and a proxy (see figures 1-3, column 6, lines 9-60, browser, a network
driver, protocol stack and a proxy are inherently included in the internet 12).”
We have reviewed both the abstract of Barrett as well as column 9, lines 1-45 of Barrett,
and like the appellant, we do not find anything in the cited material about pre-fetching a URL or
URLs to a remote platform. While it is true that URL’s are pre-fetched to minimize the wait-
time in case they are selected by a user, the examiner simply presumes that the URL’s are pre-
fetched to “a remote platform,” one other than that on which the stored instructions are executed.
The material in Barrett refers to downloading. It is without basis to assume that the downloading
is done to send material expected to be desired by the user to a remote platform.
While it is true that the internet includes multiple proxy servers, the examiner presented
no evidence that URLs are necessarily pre-fetched to a proxy server. Moreover, on page 9 of the
answer, the examiner states that in Barrett the instructions are inherently included in the internet
12 and node 16. Stating that instructions are inherently included in the internet 12 is too vague
to have any useful meaning in the context of locating specific platforms on which the
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