Appeal No. 2003-1094
Application No. 09/131,063
Hayashi’s comment tag may be a query that defines a set of
comments to be combined and displayed as a virtually generated
view when the comment tag is displayed (col. 11, lines 1-5).3 We
therefore do not find convincing the appellants’ argument that
Hayashi does not disclose or suggest embedding in a hypertext
document a single comment data tag that defines multiple comments
(brief, page 11).
Accordingly we conclude that the method claimed in the
appellants’ claim 46 would have been obvious to one of ordinary
skill in the art within the meaning of 35 U.S.C. § 103. Hence,
we affirm the rejection of that claim.
Claims 1, 23, 35 and 38
Claims 1, 23, 35 and 38 require that a new comment is added
to a comment data structure “by building the comment from
information in a comment data tag embedded in the hypertext
document.” It is proper to use the specification to interpret
what the appellants mean by a word or phrase in a claim. See In
re Morris, 127 F.3d 1048, 1053-56, 44 USPQ2d 1023, 1027-30 (Fed.
Cir. 1997). The specification indicates that by “building the
comment from information in a comment data tag”, the appellants
3 Each of these comments necessarily is associated with the
storage location from which it is obtained.
4
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