Appeal No. 2003-1614 Page 4
Application No. 09/817,692
a menu for presentation by said program, said menu having a
Uniform Resource Locator (URL) list containing a plurality of URLs, at
least some URLs in said list being arranged based at least in part upon
time of day.
Claims 1-6 stand rejected under 35 U.S.C. § 101 as claiming the same invention
as that of claims 1-5 of U.S. Patent No. 6,266,060 ("Roth"). Claims 7, 13, and 15 stand
rejected under 35 U.S.C. § 102(e) as anticipated by U.S. Patent No. 5,727,129
("Barrett"). Claims 10-12 and 18-22 stand rejected under 35 U.S.C. § 103(a) as obvious
over Barrett and Mark R. Brown ("Brown"), Using Netscape 3 (1996).
OPINION
Our opinion addresses the rejections in the following order:
• double patenting rejection
• anticipation and obviousness rejections.
A. DOUBLE PATENTING REJECTION
Rather than reiterate the positions of the examiner or the appellant in toto, we
address the point of contention therebetween. Observing that "as per claim 1 in the
application 'said initial web page from a plurality of web pages'; and 'said plurality of web
pages make up an ordered list of web pages' (claim 2)," (Final Rej. at 4), the examiner
asserts, "an 'initial web page in the ordered list of web pages' is inherently states [sic]
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