Ex Parte YOSHIDA et al - Page 5




          Appeal No. 2003-1605                                                        
          Application No. 08/982,934                                                  


          a prima facie case of obviousness since all of the claimed                  
          limitations are not taught or suggested by the applied Cole                 
          reference.  In particular, Appellants contend (Brief, pages 8-11;           
          Reply Brief, pages 2 and 3) that, contrary to the Examiner’s stated         
          position, Cole has no teaching or suggestion of an information              
          reference system which provides for the monitoring or counting of a         
          reference total for a reference path wherein the path includes a            
          reference start and a reference destination as claimed.                     
               After reviewing the Cole reference in light of the arguments           
          of record, we are in general agreement with Appellants’ position as         
          stated in the Briefs.  Our interpretation of the disclosure of Cole         
          coincides with that of Appellants, i.e., while Cole provides for            
          the counting of the number of web site categories a user may                
          access, there is no clear disclosure of the counting of a reference         
          path, including a reference source and reference destination, by            
          which a user may have arrived at a particular selected category.            
          Although the Examiner (Answer, page 3) makes reference to the               
          illustration in Figure 6 of Cole along with the accompanying                
          description beginning at column 4, line 57 as disclosing the                
          claimed reference path counting feature, we find that, in our view,         
          this portion of Cole at best discloses only the number of times a           
          category is selected by a user.  For example, while Cole’s Figure 6         

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