Appeal No. 2002-2115
Application No. 09/000,709
executable module nor the execution of an executable module to retrieve content from
the network proxy. From our review of the teachings of Simmons, the content (bulletin)
is either attached/embedded, sent separately or determined that a bulletin is not to be
sent at all, in which case the received information is forwarded without a bulletin. We
find no teaching or suggestion in Simmons that the client will use the executable module
to retrieve the content from the network proxy. The examiner maintains that Renshaw
teaches the use of executable modules with executable instructions since Renshaw
teaches the use of embedded JAVA applets. (See answer at page 7.) While we agree
with the examiner that Renshaw teaches the use of embedded modules which are
executed at the client, the execution of the module merely presents the content on the
display and does not perform the function “to retrieve dynamic content from the network
proxy” as recited in the language of independent claim 1. Therefore, we agree with
appellants that the combination of Simmons and Renshaw does not teach or fairly
suggest all of the claimed limitations, and we cannot sustain the rejection of
independent claim 1 and its dependent claims 2, 7, and 8. Independent claims 16, 20,
and 29 contain similar limitations which are not taught or fairly suggested by the
combination of Simmons and Renshaw, and therefore, we cannot sustain the rejection
of these claims and their dependent claims 18, 19, 21-28, 30, and 31.
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