Ex Parte BATES et al - Page 3



          Appeal No. 2003-1094                                                        
          Application No. 09/131,063                                                  

                                   THE REJECTIONS                                     
               The claims stand rejected under 35 U.S.C. § 103 as follows:            
          claims 1-5, 7-38, 46 and 48-50 over Hayashi, and claim 6 over               
          Hayashi in view of Nielsen.                                                 

                                       OPINION                                        
               We affirm the rejection of claim 46 and reverse the                    
          rejections of the other claims.  We need to address only the                
          independent claims, i.e., claims 1, 23, 35, 38, 46 and 48.2                 
                                      Claim 46                                        
               Hayashi discloses a method for generating a hypertext                  
          document, comprising authoring a hypertext document having a                
          comment tag which is displayed in the same window with the                  
          associated document data (col. 23, lines 61-63; figure 29).                 
          Because, when the hypertext document is displayed, the comment              
          tag appears in the same window as the document data, the comment            
          tag reasonably can be considered to be embedded in the hypertext            
          document.                                                                   



               2 The examiner does not rely upon Nielsen for any disclosure           
          that remedies the deficiency in Hayashi as to independent claim 1           
          from which claim 6 indirectly depends.                                      
                                          3                                           




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