Appeal No. 2003-0342
Application 09/040,919
downloaded from a server together with the web contents, but
instead, would be created locally by the Publisher component of
Web-on-CD. Appellants note that there is no need to copy
configuring software in Gustavson because the setup files are
created locally in Gustavson [brief, pages 10-11].
The examiner responds that an artisan would have been
motivated to copy software from a network server because it would
reduce the time for acquiring the software by some other means.
The examiner also responds that it would have been obvious to the
artisan to either directly download software onto the optical
disk as in appellants’ invention or to indirectly download
software onto the optical disk as is done in Gustavson [answer,
pages 9-16].
Appellants respond that the setup software is created
locally in Gustavson and is not downloaded from a network server.
Appellants also respond that the examiner’s rationale still lacks
an appropriate suggestion or motivation to modify Gustavson
[reply brief].
We will not sustain the rejection of independent claims
1, 7 and 12 for essentially the reasons argued by appellants in
the briefs. Initially, we wish to make it clear that we agree
with the examiner that it was well known in the art to download
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