Ex Parte DIETZ - Page 5



          Appeal No. 2003-0726                                                        
          Application No. 09/456,076                                                  

          temporary copies of a web page dependent on criteria such as                
          frequency or duration of access to a particular web page, do not            
          index data which corresponds to the content of an accessed web              
          page as claimed.                                                            
               We agree with the Examiner, however, that the embodiment               
          disclosed by Rosenzweig in which a particular web page provides             
          indexing to other locations within the same web page satisfies              
          the automatic indexing requirement of the appealed claims.  As              
          illustrated in Figure 4 of Rosenzweig with accompanying                     
          disclosure at paragraph 57, the cached copy of the accessed web             
          page 400 has links 410 at the top of the page which provide an              
          index to other locations within the web page, these indexing                
          links clearly corresponding to the contents of the web page.                
               While we found the above argument of Appellant to be without           
          merit, we do find to be persuasive Appellant’s arguments (Brief,            
          page 7; Reply Brief, page 2) directed to the claimed feature,               
          present in all of the independent claims, of “transmitting said             
          indexing data from said device to a remote data storage device              
          which provides a search engine database.”  We recognize that the            
          Examiner has expanded his position on this claimed feature by               
          directing attention to paragraphs 49 and 91 in Rosenzweig                   
          (Answer, page 4).  We find nothing, however, in either of these             
          paragraphs, or elsewhere in Rosenzweig, that would support the              

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